Indian Sacred Conch Not Banned Under Wild Life Protection Act.

Dr. Chandrashekhar Hari Phadke, Scientist, 494/11, Parvati, Vyankatesh Apartments, Near Mitra Mandal Hall, Pune: 411009, Mahaharshtra, India. EMail: chphadke@gmail.com

(No Part of this Blog should be produced in written or published or documented or by other means without the written permission of the author of this blog. It is protected under Copyright.)

This blog is in response to the recently conducted raids in December 2009 on Conch Shell dealers in Harayana. It appears that there is much confusion on the issue by activists, politicians, government officials, Hindu and Buddhist priests, traders and a common man. It is important to note that earlier in the year 2001, Government of India led by BJP had implemented a blanket ban on many of the marine species vide its notification dated 11th July 2001. However, due to strong oppose from the South Indian States viz. Tamil Nadu, Kerala, Andhra, Karnataka, Orissa, and also West Bengal; Govt.of India reviewed the ban and vide notification dated 5th December 2001 deleted many of the marine species from the earlier ban. The Indian Sacred Conch Shell, scientifically known as Turbinella pyrum is not covered in the protected list of banned mollusc or sea-shell species. The detailed story is as under.

Indian Sacred Conch Turbinella pyrum L. (Sinistral and Dextral)

Impletation of ban on marine species:

The total ban on 52 seashell species was implemented vide following Govt. of India Circular dated 11th July 2001.

http://envfor.nic.in/legis/wildlife/so665(e).htm

Ministry of Forests and Environment, Government of India implemented a blanket ban on many marine species under Wild Life Protection Act, 1972 vide Notification No.S.O. 665(E) dated 11th July 2001. This included 50 species of the Shark and Rays, popularly known.'Giant Groupers' fish species, 52 species of Molluscs (Shells), all species of Corals and Sea fans, all species of Sea Horse and Sea Cucumber as an amendment to the existing law of 1972.

Indian Sacred Conch, scientifically known as Turbinella pyrum was also covered under the ban. It appears as Xancus pyrum in the list. The species name Xancus pyrum is now not a valid species name and is replaced by Turbinella pyrum. The blanket ban on many of the marine species disturbed the fisherman community and traders in the coastal states.

Shark and Conch Fishing Story:

The amendment in the existing law made on 11th July 2001 was not widely published by the government authorities in any of the states of fishing areas. Fishermen came to know about this amendment only when coast guards in the Cochin area objected fishermen to fish varieties of shark species and the species of sea cucumber. Few fishermen were also arrested. Similarly, the import consignment of a dealer from Kolkota was siezed at Kolkota air port. The import consignment was of Turbinella pyrum shells and was shipped from Colombo, Sri Lanka. It was not known why import consignment was siezed ? One can understand if export consignment is siezed from India to other country in view of the ban in action. Possibly, the officers might have thought that the Kolkota trader might go for trading conch shells collected from Indian coasts under the import consignment from Sri Lanka.

Shark meat is a main diet of poor people in the coastal areas. It is also a delicacy of fish lovers. Shark fins are mainly exported to oriental countries. Similarly, shell fishing is a main business in the coastal south Indian states. Thousands of poor people are there in shell fishing business to collect not only Pooja shanks (Turbinella pyrum L.) for religious purpose, but also to collect and process fancy, decorative variety of shell species for handicrafts. Government had banned collection and trade of most of the molluscan species and naturally there was a strong reaction against it from the South Indian States.


'Fisherman's Action Forum' and 'Sankha Shilpa Bachao Committee'

Conch fashioning i.e. cutting,and polishing of conch to make bangles, to make shells suitable for blowing purpose etc. is also a main business in Orissa and West Bengal. There are about 3,00,000 conch shell artists and traders in West Bengal and Orissa. At stake, was the livelihoodof at least 1- 1.5 million people was affected by 'Conch Ban' directly or indirectly. Indian shell is also worshipped in West Bengal and Orissa on a large scale. There was a strong reaction especially against Conch Fishing from the West Bengal due to its importance and long tradition of 'Indian 'Sacred Conch' in Bengal and Orissa culture. West Bengal news papers were full of articles expressing their oppose to the ban on Conch Fishing. In West Bengal, "Sankha Shilpa Bachao Committee" was set up to fight the Conch Ban.

It is also important to note that the Indian Shank of the varietyTurbinella pyrum is also treated as an important religious symbol in Buddhisum.

Fishermen communities in the states of Tamil Nadu, Kerala, Andhra Pradesh joined together and formed an association 'Fisherman's Action Forum' to fight against this amendment. Similarly, small scale industry owners from the states of West Bengal and Orissa also formed their association and joined their hands with South Indian states in the movement to lift the ban on Shark fishing, Conch Fishing, and fishing of Sea Cucumbers and Sea Horse species. These associations brought pressure to their Chief Ministers of the concerned states as mentioned above and also to the Central Ministry of Environment and Forests to lift the ban.

'Dharana' at Jantar Mantar, New Delhi on 'World Fisheries Day'

On 21st November 2001, activists from all the affected states, leaders of the associations, and NGOs gathered in New Delhi at 'Jantar Mantar' for 'Dharana' ('sit in' strike) to lift the ban on Shark and Shell Fishing. The day 21 November 2001 was selected since the day was to be celebrated as 'World Fisheries Day'. Earlier, demonstrations in all coastal states had begun. Fisherfolk blocked highways and harbours in southern India. Rallies and 'dharanas' were conducted in West Bengal and Orissa. Most of politicians and MPs (Member of Parliament) from all the parties joined the association leaders. In the Lok Sabha, the topic was raised and there was a heated discussion on it. Government of India finally decided to form a committee of experts to review the issue.

Political Pressure to the Central Government to lift the ban:

MPs from southern states, Orissa, and West Bengal joined their hands in the Lok Sabha and made impassioned plea for the withdrawal of the blanket ban, since it was hurting lakhs of fishermen. Ms. Jayalalitha, former CM and supremo of All India Anna Dravida Munnetra Kazagam (AIADMK) made an official statement, demanding that the Ministry of Environment and Forests (EMF) revoke the ban. Communist Party of India, Marxist (CPIM) made the similar official statement. Tamil Nadu Chief Minister, Mr. Paneerselvam, had asked the PM Shri. Atal Bihari Vajpayee to intervene and protect the livelihood of fishermen. The ministry was then compelled to explain the vulnerability of sharks and molluscs, but given the socio-economic concerns, it agreed to detailed consultations with scientific organisations and those with professional fishing expertise. In the parliament, MDMK leader Mr. Vaiko described the ban as " Arbitrary and Unjust" MPs from the DMK, AIADMK, Congress and CPM strongly supported him. Deputy Speaker, Mr. P.M. Sayeed, who was in the chair, expressed concern and sought the appropriate action by the government. Plarliamentary affairs minister, Late Mr. Pramod Mahajan assured the floor that he would bring the issue to the notice of the 'Ministry of Environment and Forests' as the Deputy Speaker himself had spoken on the subject.

Upliftment of the ban on Shark and Shankh Fishing

The earlier ban on 52 Seashell species was reduced to only 24 Seashell species vide following Govt. of India Circular dated 5th December 2001.

http://envfor.nic.in/legis/wildlife/so1197(e).htm

Isolated on the issue, finally, the Central Government backed off. On December 3, 2001, Mr. T.R. Balu made a statement in Parliament informing the House that the ban had been reviewed and the decision taken to include only 9 species of Shark in the protected list instead of the all 51 varieties of Shark and only 24 species of molluscs in the protected list instead of 52 species earlier. Government kept 'Indian Sacred Shank'species Turbinella pyrum out of the ban. The amendment in the act was made accordingly vide Notification No S.O. 1197(E) dated 5th December 2001.

Presently there is ban on export and import of only 24 Seashell species (Pictures of these are included in the last part of this blog).

Government, however, refused to lift the ban on all species of Sea Horse, Sea Cucumber, Corals, Sea Fans, and Sea Sponges. The fish species commonly known as 'Giant Grouper' viz. Epinephelus lanceolatus also stays in the list of banned species as earlier.Discussion:

It is evident from the above developments, and recently filed Harayana case that there is lack of communication between the Ministry of Forests & Environment, Govt. of India and the activists working in the field of 'Animal Protection' in our country. There is no falut from the Government authorities since both the notifications implementing; and removing ban have been published in the Gazette of India. These notifications are also avalilable on the internet. There are total 80,000 sea shell species described in the Science of Malacology (scientific studies in sea shells and molluscs). There are few hundred sea shell species reported from the Indian Sea and Arabian sea surrounding India. It is important to note that out of these few hundred species only very few (only 24 species) are covered under the Wild Life Protection Act, 1972. Livelihood of many poor fishermen is depending upon collection and selling of sea shells and sea shell items. As per information, large no. of Indian Sacred Conch are regularly collected by the Tamil Nadu Government and supplied to the West Bengal and Orissa Government. Hobby of Sea Shell collection is a popular hobby in western countries and is being slowly taking shape in our country.

Export of Sea-shells/seashell products/seashell jewellery of the species collected from Indian sea has a great export potential and Government of India should promote the same in view to generate foreign currency to strengthen our economy like other conventional export items.

It is necessary to educate our custom department/officers regarding correct zoological species identification of seashells allowed for export by the Govt. of India and about the species which are banned for export due to the protection of the Wild Life Protection Act, 1972 of the Govt. of India. Export of seashells and of seashell items will also generate employment in the cottage industry, mainly in the South Indian states.

I have included pictures of the species covered under Wild Life Protection Act, 1972 as an effort to educate a common man, traders, seashell importers and exporters, and mainly custom officers to get idea in connection with the seashells banned for export and import under the act. I would be happy for any suggestions for this blog.

Thanking you and with best wishes,

Dr. Chandrashekhar Phadke,
Scientist and Seashells Expert.
Pune, India.


List of Molluscan species banned under the WPA, 1972


Schedule No. I.

Cassis cornuta

Charonia tritonis

Conus milneedwardsi

Cypracassis rufa

Hippopus hippopus

Nautilus pompilus

Tridacna maxima

Tridacna squamosa

Tudicla spiralis

Schedule No. IV

Cypraea lamarckii

Cypraea mappa

Cypraea talpa

Fasciolaria trapezium

Harpulina arausiaca

Lambis chiragra

Lambis chiragra arthritica

Lambis crocea

Lambis millepeda

Lambis scorpius

Lambis truncata

Placuna placenta

Strombus plicatus-sibbaldi

Trochus niloticus

Turbo marmopratus