Moot Problem

The Case of the Tiger's Dilemma

The country of Wildlandia located in South Asia is known for its lush forests and rich
biodiversity. This country makes special provisions for the protection of its forests as well as
the protection of endangered species, especially tigers. The democratic country during its
tussle between the Ongress Party and Anta Party, 1973 launched Project Tiger, which became
a centrally sponsored scheme by the Ministry of Environment, Forests, and Climate Change
that provides central assistance to the tiger States for tiger conservation in designated tiger
reserves. The National Tiger Conservation Authority was set up by the government and is
responsible for protecting the country's endangered tiger population.

Wildlandia's tiger population is critically endangered, with only a few dozen individuals
remaining in the wild. There is a pressing need to protect and conserve these tigers, but the
methods for doing so are contentious. Some argue for stricter regulations, while others
advocate for the complete prohibition of any activities that might harm the tigers, even if
legally sanctioned.

Mia Carson was the daughter of a wildlife officer in Africa, she, however, used this
knowledge and entered into the world of trading animal products. She eventually moved to
Wildlandia and continued to operate her wide network of trading, engaging in the sale of
legally sourced animal meat, skin, and bones. On one of her trips to Anargatta Forests which
are established tiger reserves in Anartaka, she met John Maverick who was an animal and
bird Photographer. As their relationship professionally and personally grew, John also
entered Mia’s business as a Trophy Hunter.

Within a few years, he became a renowned big-game hunter in Africa who was known for his
unethical and illegal methods. However, Businessmen and Politicians employed him for work
that was to be done without public knowledge. John built a worldwide connection with other
hunters to Wildlife Officers across Countries and States.

He made an application for permit from the Chief Wildlife Warden. The Chief Wildlife
Warden Blast Mohan, well aware of John’s unethical methods, being his good friend, granted
John the permit. John was also granted permission to hunt one specific endangered tiger, aged
15 years or older, that was deemed too old to breed and posed a potential threat to other tigers
in the wild.

After successfully hunting down this tiger in Anargatta Forests, John through Mia’s
connection in the business enlisted the help of James Pond. James Pond owned the Pond’s
Taxidermy Emporium which specializes in preserving animal specimens for display, he was
hired to prepare the tiger specimen for mounting. Further, the hide of the Tiger was sold to
Mia by a rich businessman to make a rug out of it in Tumbai, a city in Wildlandia.

The Chief Wildlife Warden had issued a permit for the hunt. However, A. C Kehta, a
professor in zoology and a part of an Activist Group, “Noble Order for Sher Preservation”
with affiliation to the National Tiger Conservation Authority was concerned about whether
such permits should be granted at all and whether taxidermy for endangered species should
be allowed. He put out a message on his various social media accounts, one of them being
Breads, by Finstagram, where he stated,

“Disturbed by the decision of the Chief Wildlife Warden granting a tiger hunt permit based
on age and perceived threat. Conservation mandates protect every life. Reconsidering ethics
and policies are crucial for a sustainable coexistence with our wildlife. #PreserveEveryLife
#ConservationDilemma #TigerProtection 🐾🌏”

Proceeding this a Public Interest Litigation before the High Court of Arnataka was also filed
to deal with the matter on the following questions:

ISSUES
1. Whether Blast Mohan, the Chief Wildlife Warden, was acting ultra vires the powers
conferred to him by the Wild Life (Protection) Act, 1972?
2. Whether John Maverick can be held liable under the Wild Life (Protection) Act, 1972
or any other law in force?

Note:
● The laws are pari materia to that of India.
● The participants in the moot court will need to present arguments on these issues,
taking into account the protection of endangered species, ethical considerations,
wildlife conservation, and existing legal frameworks.