The High Court of Karnataka has stayed the Wildlife (Protection and Surrender of Undeclared Wildlife or Animal Article, trophy, or uncured trophy) (Karnataka) Rules, 2024, and restrained the authorities from carrying out further proceedings based on this rule till March 18 in respect of two petitioners from Kodagu district.
Justice M. Nagaprasanna passed the interim order on a petition filed by Ranji Poonacha P.A. of Virajpet and K.A. Kuttappa of Napoklu in Madikeri taluk.
The petitioners have questioned the legality of the Rules, notified on January 10, 2024, giving 90 days to the public to surrender undeclared wildlife or animal articles, trophy, or uncured trophy, if the same was not declared within 30 days as per the notification issued when the Wildlife (Protection) Act, 1972, was brought into force 50 years ago.
The new rule was introduced after the recent episode of several prominent persons allegedly possessing tiger claws.
Kodavas possess them
“The Rules are illegal, without authority in law,” it has been contended in the petition.
It has been pointed out in the petition that a large number of Kodavas possess several types of wildlife articles that are mainly inherited from their forefathers and possession of such article by inheritance is permitted in the 1972 Act. However, the provision of the Rules is contrary to the Act as it mandates all persons to surrender the wildlife articles.
The petitioners have also termed the Rules as arbitrary as it strangely proposes to prosecute persons, who surrender the wildlife articles in response to these Rules, if it was found that possession of such articles was contrary to the provisions of the 1972 Act.
