The need for such accountability is starkly evident in the statistics. Between 2019 and 2022, India lost 329 tigers, 29 of which were confirmed to have been poached. These crimes are often orchestrated by organised syndicates that smuggle tiger parts to markets in China, Vietnam, and beyond.

Deeya Bhattacharjee / WTI

Deep in the dense jungles of India, a silent battle has long been raging. But here’s what makes this battle different: This is a war against poachers and traffickers who have been relentlessly targeting India’s most iconic wildlife, particularly elephants and tigers, for their tusks, skins, bones, and other body parts.

Despite decades of conservation work and strict legal frameworks, the illegal wildlife trade continues to threaten the country’s biodiversity heritage.

India’s Wild Life (Protection) Act of 1972 provides a robust legal foundation to combat wildlife crimes, imposing stringent penalties on poachers and traffickers. However, this law primarily focuses on punitive action (arrests, fines, and imprisonment).

“Now, the question that arises with this trend of wilful abuse of the law is interesting,” says Debobroto Sircar of the Wildlife Trust of India (WTI). “Does it account for the ecological and financial damage these crimes inflict?” Now, says Debobroto Sircar , “a fresh wave of legal thinking is emerging, aiming not just to punish the poachers and traffickers, but also to restore the losses from their degeneracy.”

At the forefront of this new approach, the WTI, in collaboration with Lancaster University and supported by UK’s Department for Environment, Food and Rural Affair or DEFRA’s Illegal Wildlife Trade Challenge Fund, is working to introduce the globally recognised Polluter Pays Principle (PPP) into the realm of wildlife crime.

“Traditionally used in environmental law, PPP mandates that polluters compensate for environmental harm and finance corrective actions,” says Jose Louies, WTI’s CEO. “Applied to wildlife crime, this means offenders would be legally obligated to pay for habitat restoration, anti-poaching patrols, and species conservation.”

“This principle is about accountability beyond prison time,” says Lovish Sharma, Advocate at the Delhi High Court and senior legal expert with WTI. “If someone poaches an elephant, they should not only go to jail but also fund conservation efforts that protect other elephants.”

Repairing Ecosystems

The need for such accountability is starkly evident in the statistics. Between 2019 and 2022, India lost 329 tigers, 29 of which were confirmed to have been poached. These crimes are often orchestrated by organised syndicates that smuggle tiger parts to markets in China, Vietnam, and beyond. One of the most haunting reminders of the consequences was the complete disappearance of tigers from the Sariska Tiger Reserve in 2004. Investigations revealed a well-established network of poachers connected to international buyers. Though Sariska eventually reintroduced tigers from Ranthambore National Park, the ecological and emotional loss, besides the loss of a type of the genetic pool, remains a dark chapter in Indian conservation history.

Similarly, the poaching crisis extends to elephants, India’s National Heritage Animal. In the Malayattoor forest division of Kerala, between 2013 and 2015, at least 18 elephants were slaughtered for ivory. Known as Operation Shikkar, the ensuing crackdown led to the arrest of 72 individuals and the seizure of nearly 500 kilograms of ivory. While hailed as a landmark operation, the costs of long-term protection and recovery, borne largely by the government and conservation groups, underscore the urgency of making perpetrators financially responsible.

“The current legal system punishes the criminal, but the costs of protecting wildlife and repairing ecosystems fall on taxpayers and NGOs,” Sharma explains. “With PPP, we aim to shift that burden to the offenders,” he says.

The initiative doesn’t stop at legal reform. WTI is actively engaging the judiciary through workshops for public prosecutors and judges, sharing international best practices and legal insights. The idea is to strengthen enforcement not just through better prosecution, but through innovative sentencing that incorporates environmental compensation.

Equipped for the Shift

The Indian legal framework is already equipped for this shift. Under the newly enacted Bhartiya Nyaya Sanhita (BNS), provisions exist for compensation in criminal cases. Conservationists argue it’s time to apply those principles to wildlife crime, recognising the immense ecological and economic value of species like tigers and elephants.

There’s also a practical side to this approach: funding conservation. India’s tiger reserves and elephant corridors are not just sanctuaries – they are vital engines of ecotourism, sustaining local economies and preserving ecosystems. Holding wildlife criminals financially accountable could funnel resources back into these areas, bolstering protection and working to improve the lives of these communities.

“WTI envisions a legal and moral shift where convicted poachers, middlemen, and traffickers contribute directly to the restoration of what they destroyed,” says Debobroto Sircar. “Whether it’s replanting degraded forest patches, funding community patrol teams, bearing the cost of rehabilitating wild species back into the wild, the idea is to create a feedback loop of accountability and rehabilitation.”

India has long been a pioneer in wildlife conservation, with landmark programs like Project Tiger and Project Elephant earning global praise, Jose Louies says. “Yet, as threats evolve, so too must the response. By embedding the compensatory Provisions into its legal system, India can lead the way in reimagining justice for nature. This will ensure that the scales are not only balanced through an element of the punitive, but through restitution and repair.”

As these efforts gain ground, a hopeful vision emerges: India’s forests once again echoing with the trumpets of elephants and the roars of tigers – not as endangered whispers, but as symbols of resilience, justice, and a future where nature’s losses are not only mourned, but made whole.