New Delhi: In the Shahtoosh case, Ashok Kumar vs. State of J & K and others, the Supreme Court today held that the production of Shahtoosh shawls and the continuance of the trade in the state should be banned with immediate effect. The case was filed in the year 2003, seeking court’s intervention on the continuance of production and trade on shahtoosh, despite the respective ban by both the J & K Government and the Central Government under the Wildlife (Protection) Act of 1972. 

This long-drawn-out case took more than two years accompanied by several hearings and examination of evidences, the court has finally given its verdict in favor of Wildlife Trust of India (WTI). According to Ashok Kumar, Vice Chairman of WTI, “the battle which lasted for more than a decade has reached the final stage. Enforcement of the order will still be a challenge, which we are determined to be engaged in.”

A three-judge bench headed by Justice Ruma Pal chaired the case. The bench pointed out that the weavers could take up alternative livelihoods such as weaving of Pashmina. The bench observed that in the current rate of shahtoosh-weaving, the animal would soon become extinct and in any case, the trade would end.  The advocate representing the J & K government had suggested captive breeding as an alternative. In response, the court observed that these initiatives can be taken up in the future when techniques are made available 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. In the meantime, the Court will monitor closely the enforcement of the decision taken today.

Mr. Ritwick Dutta, Legal Counsel WTI who presented the case for WTI, said, “The hearing, which lasted for two hours, is a significant time spent by Supreme Court for a wildlife case.” The advocate of Union of India supporting the case of the petitioner pointed 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 for the hearing also supported the views for conservation of chiru, the species affected by this trade.

The Supreme Court order assumes significance in the light of the misinformation campaign carried out by a section of the shahtoosh traders in Kashmir that no animal was killed to make shahtoosh shawls and they collect the shredded wool from rocks and bushes. The order puts to rest all such obstructive propaganda, which conservationists hope to add momentum in the pursuit of this illegal trade.

Recent successive seizures in Delhi also indicate to a clandestine network of traders and weavers, who supply shahtoosh shawls to different buyers in various countries.

Shahtoosh shawls are made from the endangered high altitude mammal Tibetan Antelope (Pantholops hodgsonii), which is only found in some areas of the Tibetan plateau today. The animal is also popularly known as chiru and is accorded highest protection in India, Schedule 1 of the Wildlife (Protection) Act. Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) at the United Nation (UN) also prohibits sale and purchase of products made from the species.

Read the complete Supreme Court order here.

Pix credit: WTI archives