The Legal Framework and Verdicts of the Supreme Court in Protection of the Greater One-horned Rhinoceros: The Case of Nepal

Abstract

The greater one-horned rhinoceros (Rhinoceros unicornis) is the largest rhinoceros species found in Nepal and India. The habitat of the greater one-horned rhinoceros encompasses the southern border between the two nations, hence these animals regularly cross this international boundary. Having a national park situated at the periphery of at an international border facilitates the ability of poachers to easily escape from the crime scene. The article examines the legal framework enacted by Nepal to address the poaching of the greater one-horned rhinoceros, one of the world’s most popular endangered mammals. This article also analyzes the case law related to the poaching of the one-horned rhinoceros from the Supreme Court of Nepal. The strict enforcement of the legal provisions adopted by Nepal through the enactment of the National Parks and Wildlife Conservation Act 1973, combined with the punitive approach of the Supreme Court of Nepal, has also helped to discourage the poaching of this species in Nepal. The Supreme Court of Nepal has jointly punished the principal offender for poaching offences with their accomplices, which has helped to discourage in poaching of the one-horned rhinoceros. Nevertheless, a quasi-judicial body, the Office of the National Park, which handles the case firsthand, implements and exercises legal provisions related to poaching at the initial stage and also gives an initial verdict. In most poaching cases involving the one-horned rhinoceros, the principal offenders and accomplices are predominantly drawn from a specific community residing around the Chitwan National Park.