What's in a name?

INDIA’S WILDLIFE LAW HAS NOT INCORPORATED NEW SCIENTIFIC DISCOVERIES AND UNDERSTANDINGS, WHICH IS LEADING TO CONFUSION AND CHAOS IN WILDLIFE MANAGEMENT

- ISHAN KUKRETI

ON JULY 25, 2016, the forest department of Kerala’s Pathanamthitta district seized a turtle from George Kurian. Investigations identified the species as the Indian Flapshell, whose scientific name is Lissemys punctata. The district court ordered that the turtle be freed the next day, and Kurian was charged under the Wild Life (Protection) Act, 1972, (WLPA). But the law incorrectly lists Lissemys punctata’s common name as the Indian Softshell turtle. Kurian challenged the charges in the Kerala High Court on the grounds that since the Indian Flapshell turtle does not find a mention in the schedules of WLPA, the charges against him should be quashed. On March 16, 2018, the court quashed the charges against Kurian. The Kerala forest department then approached the Supreme Court, which on December 9, 2020, arrived at the same conclusion. “In the facts of the present case, on the face of it, the Turtle seized is not included in Schedule I Part II,” the apex court said.