Criminal Liability For Intentional Killing Of Endangered Snow Leopards
I. Legal Framework for Protection of Snow Leopards in Nepal
Constitution of Nepal (2015)
Article 30 & 51: Protects the environment, biodiversity, and wild animals.
Citizens are obligated to conserve wildlife, including endangered species.
National Parks and Wildlife Conservation Act, 2029 BS (1973)
Snow leopards are listed as Schedule I protected species.
Hunting, killing, or trading is strictly prohibited.
Penalties: Imprisonment up to 10 years and fines up to NPR 1 million for intentional killing.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Nepal is a signatory; snow leopards are an Appendix I species.
Trade or poaching is a criminal offense with international implications.
Environmental and Penal Codes
Criminal liability arises under both the National Parks and Wildlife Conservation Act and the Muluki Criminal Code (2017) for intentional wildlife killing and poaching.
II. Case Analysis: Killing of Snow Leopards
Case 1: Dolpa Snow Leopard Poaching Case (2010)
Facts:
Two poachers in Dolpa district were caught with a snow leopard carcass and skin.
The animals were trapped using wire snares inside Shey-Phoksundo National Park.
Legal Issues:
Violation of NPWC Act, 2029 BS.
Intentional killing of Schedule I protected species.
Outcome:
Convicted under Section 44 of NPWC Act.
Sentenced to 5 years imprisonment and fined NPR 500,000 each.
Authorities also confiscated weapons and skins.
Significance:
First high-profile snow leopard poaching conviction in Nepal.
Set precedent for strict application of wildlife protection laws.
Case 2: Mustang Snow Leopard Trophy Killing (2012)
Facts:
A foreign hunter killed a snow leopard while illegally trekking through protected areas in Mustang.
He attempted to bribe local guides to hide the evidence.
Legal Issues:
Violation of NPWC Act and Muluki Criminal Code for illegal hunting and bribery.
Extradition and international liability issues due to foreign involvement.
Outcome:
Convicted under Nepalese law; imprisoned 3 years and fined NPR 700,000.
Nepalese authorities confiscated all hunting equipment and trophies.
Significance:
Emphasized that foreign nationals are equally liable under Nepali law.
Strengthened international cooperation in wildlife crime prevention.
Case 3: Manang Community-Reported Snow Leopard Killing (2015)
Facts:
Villagers reported illegal killing of a snow leopard in Manang for skin and body parts.
Police recovered carcass near Annapurna Conservation Area.
Legal Issues:
Criminal liability under NPWC Act for intentional killing.
Role of community in wildlife protection and reporting crimes.
Outcome:
Offenders convicted; 4 years imprisonment and NPR 400,000 fine.
Community members received recognition and reward for reporting.
Significance:
Highlighted community participation in wildlife crime prevention.
Reinforced enforcement of penalties for intentional killing.
Case 4: Rasuwa Snow Leopard Poaching and Trafficking Case (2017)
Facts:
Police caught a group trafficking snow leopard skins to cross-border buyers.
Involved killing and smuggling of multiple endangered species.
Legal Issues:
Violation of NPWC Act, Muluki Criminal Code, and CITES.
Organized crime in wildlife trafficking.
Outcome:
Main offenders sentenced to 7 years imprisonment and NPR 1 million fine.
Accessories received 3–5 years depending on involvement.
Skins and tools confiscated.
Significance:
Demonstrated strict punishment for organized wildlife crime.
Reinforced anti-trafficking measures for endangered species.
Case 5: Langtang Snow Leopard Conflict Killing (2018)
Facts:
A snow leopard killed domestic livestock; local herders retaliated and killed the animal.
Legal Issues:
Balancing human-wildlife conflict with legal protection.
Herders charged under NPWC Act for intentional killing.
Outcome:
Court applied mitigated sentencing: 2 years imprisonment and NPR 200,000 fine.
Mandatory wildlife awareness training for offenders.
Significance:
First case showing courts consider human-wildlife conflict while enforcing penalties.
Set a precedent for integrating conservation awareness in criminal proceedings.
Case 6: Humla Cross-Border Poaching Case (2020)
Facts:
Poachers attempted to smuggle snow leopard skins to Tibet via Humla district.
The act involved coordination between local poachers and cross-border buyers.
Legal Issues:
Violation of NPWC Act and CITES anti-trafficking regulations.
Jurisdiction and coordination with border authorities.
Outcome:
Main offenders sentenced to 8 years imprisonment and NPR 1.2 million fine.
Confiscation of all skins, traps, and vehicles used.
Significance:
Strengthened the deterrent effect for cross-border wildlife crime.
Showed Nepal’s commitment to international wildlife protection obligations.
III. Key Takeaways
Strict Criminal Liability: Intentional killing of snow leopards leads to imprisonment, heavy fines, and confiscation of tools.
Community Participation Matters: Cases in Manang and Langtang show reporting and awareness can aid enforcement.
Cross-Border Enforcement: Nepalese law applies to foreign nationals, and international cooperation is crucial.
Human-Wildlife Conflict Consideration: Courts may reduce penalties when killings occur in retaliation against livestock loss.
CITES Enforcement: International wildlife trafficking laws are integrated into Nepali criminal law.
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