The Supreme Court of India, while hearing the Shahtoosh case titled “Ashok Kumar Vs. State of J&K and Ors. pronounced today, 22nd Nov. 2005, a clear order directing the State of J&K to ban the manufacture and trade of shahtoosh shawls which had been going on despite inclusion of Tibetan antelope in Schedule I of J&K Wildlife (Protection) Act, 1978.
The case was filed in 2003 pointing out that shahtoosh weaving and sale of shahtoosh shawls was ongoing in the State of J&K, shawls were brought to other states for sale and were smuggled out of the country as well. Thus, not only the state act was violated but equally this was a violation of the central Government act titled “Wildlife (Protection) Act, 1972 which does not apply to J&K. There was also a violation of Convention on Interntional Trade in Endangered Species of Wild Fauna and Flora (CITES) to which 169 countries are signatories. The species is included in App. I of CITES completely prohibiting international trade. The smuggling of the raw material for shahtoosh shawls, Tibetan antelope wool from Tibetan Autonomous Region mostly through Nepal was also a CITES violation and equally a violation of India’s export – import policy.
Seizure data and evidence was made available to the Supreme Court that weaving of shahtoosh shawls was ongoing in Srinagar the capital city of J&K and shahtoosh shawls were readily offered to tourists.
The hearing lasted two hours, a significant time period for the Supreme Court in a wildlife case. Mr. Sanjay Parikh and Mr. Ritwick Dutta Advocates first took the floor to argue the case. The advocate of Union of India supported the case of the petitioner pointing out India’s commitment to protection of wildlife and obligations to domestic laws and CITES. The Secretary and Commissioner, Environment and Forests, J&K who had been summoned personally for the hearing also supported conservation of wild species but brought up the question of the weaving tradition of Kashmir and livelihoods of shahtoosh weavers. A three judge bench headed by Justice Ruma Pal pointed out that the weavers could take up alternative livelihoods such as weaving of Pashmina because if shahtoosh weaving went on at this scale, the species will become extinct and the shahtoosh trade will end in any case. The J&K advocate suggested captive breeding etc. Once again the bench observed that these were things for the future when science develops to do so but in the meantime the law must be enforced to protect the species from extinction. The bench concluded the order by directing the State of J&K to submit an action taken report within four weeks. Thus, the Supreme Court will continue to monitor enforcement of its decision of today.
The order also puts to rest the misinformation campaign of shahtoosh traders that no animal is killed to make shahtoosh shawls and the wool is collected from rocks and bushes by their people.
Mr. Ashok Kumar, Vice Chairman of Wildlife Trust of India who took up this challenge along with Mr. Vivek Menon, Executive Director, Wildlife Trust of India said that a battle of over a decade has reached the final stage. Enforcement of the order will still be a challenge which we are determined to be engaged in. Seizures of shahtoosh shawls in Delhi have taken place as recently as on 17th and 21st Nov. 2005. Documents of export of these shawls to Switzerland, Oman and Qatar were also seized. These two seizures were carried out by Central Bureau of Investigation based on information supplied by Wildlife Trust of India in collaboration with IFAW and JWCS respectively. The inclusion of Tibetan antelope as a mascot for 2008 Olympic games will also be of great support to the species.
