Science vs law

  • 16/09/2008

  • Indian Express (New Delhi)

Kartyk Venkatraman The arrest and conviction of Czech entomologists Dr Petr Svacha and Emil Kucera for collecting insect specimens without prior Government authorisation from the Darjeeling forest area has virtually pitted the scientific community in India against the lawmakers. Ever since 2002, when the stringent Biological Diversity Act, 2002, was enacted, scientists have been railing against its provisions which, they claim, are stymying research while aiming at conservation. The arrest of the Czech entomologists on June 22 turned out to be the flashpoint for scientists both at home and abroad. Notwithstanding the existing Indian laws on biodiversity conservation, they chorused support for the Czechs, saying their stature as scientists should be enough for them to be let off the hook. In effect, the Czechs came to represent all that was wrong with the biodiversity conservation policy in the country. The Darjeeling district forest department, however, threw the rulebook at them, finding them guilty of biopiracy for commercial gain through violation of several sections of the Wildlife Protection Act and the Biological Diversity Act. After nearly three months of incarceration, on September 10, the Chief Judicial Magistrate of Darjeeling sentenced Kucera to three years' simple imprisonment under each Act, to run concurrently, and fined him Rs 60,000 while granting him bail. Svacha, however, was let off after being fined Rs 20,000. The disparity in the sentences has surprised the Czech Ambassador and the entomologists. Following their release from the Darjeeling district jail, The Indian Express tracked them down to the Traveller's Inn in Darjeeling town. Although relieved to be released from their incarceration, both were decidedly unenthusiastic about talking to the media. While Kucera, 51, said he spoke very little English, Svacha, 52, said he found the entire fiasco to be "absurd". "We don't need to say anything, ask your Indian scientists. They are furious with the law. The (Biodiversity) Act is absurd as well, and so are the different sentences we have been handed for the same offence. As far as we were concerned, we were outside the boundaries of the Singalila National Park, and so we've not violated any laws. Consequently, we did not need any permits to collect specimens there. Grazing and tree-felling were going on there, which is not allowed in a National Park." The CJM court's judgment noted that Svacha's reputation as an entomologist of international repute and his educational qualifications were kept in mind while handing him a lighter conviction, said defence counsel Taranga Pandit.