This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.

Query

I am Zeeshan. I have a question regarding keeping Kangaroo hides in possession, as I heard that few persons were sentenced in Dhaka for keeping the same. Can you please enlighten me with appropriate law that whether it is illegal to keep Kangaroo hides? I have bought few Kangaroo hides from Australia, where it is absolutely legal to sell and buy the same.

Zeeshan, Dhaka.

Response

Dear Mr Zeeshan,

Thanks for your query. The Wildlife (Conservation and Security) Act 2012 is the governing legislation in this regard in Bangladesh. The Act mainly aims to protect and preserve wild species in Bangladesh. For a balanced eco-system, we should protect wild animals as they have a huge contribution to the environment and to our mother nature. Under section 6 of the Act, it is stated that no person shall hunt any wild animal without a license or, as the case may be, obtaining a permit under this Act.

Further schedules I and II of the Act, contain the list of those animals which are  prohibited to hunt, and such animals include, for example, Tiger, Elephant, Dolphin, Cheetah, Deer, Crocodile, Hoolock, Whale and if one is found responsible for hunting any of these species shall be imprisoned for a period not exceeding 3 years or a compensation of 3 lakh or both and for repetition of his act he shall be imprisoned for a term not exceeding 5 years or a fine of 5 lakh or both, as stated in sections 36 and 37 of the Act.

Furthermore, in accordance with the Act, there is no provision as to whether it is illegal to hunt Kangaroo or regarding the conservation of Kangaroo hides. Even schedules I and II of the Act, which consist the list of the conserved animals, do not include Kangaroo. Thus, to provide a punishment for conserving Kangaroo hides is disputable, when the law itself has not addressed Kangaroo to be preserved.

If someone brings Kangaroo hides from Australia where culling of Kangaroo is allowed, then that person is least likely to be held responsible for conserving hides under the Wildlife (Conservation and Security) Act 2012 of our country, as the law has not recognised Kangaroo to be a species that is needed to be preserved. However, there is restriction on importation of wild animal’s skin without the permission and without declaring the same at the customs. As Kangaroo is not listed in the Act but we still see some punishments, for avoidance of any doubt, it is always advisable to check with the authorities before bringing the same into Bangladesh.