SHARK FINNING- The cause of a giant animal having a painful death

Sharks are cold-blooded fishes, which people have dreaded since time immemorial. Yet as a matter of fact their numbers have been declining rapidly. This is said to mainly happen due to illegal fishing as well as the overfishing that happens, but there is one more reason, that is shark finning is one of the cruellest things one could do upon an animal.

Shark finning is a process in which the fins of the shark are sliced off and the rest of the shark is just discarded back into the ocean, all this is done while the shark is still alive. As a result of this, the sharks are unable to swim properly, bleeding profusely they die either due to suffocation or due to loss of blood. But what is so special in shark fins that this has to be done?

Shark fins hold a very high monetary and cultural value. In Chinese culture, there is a dish known as shark fin soup, which is said to be a major status symbol. Along with this soup having medicinal benefits, it also represents victory over the mighty and powerful shark. Those inhuman people who call themselves fishermen prefer this finning technique and bring back only the shark fins rather than the entire shark, the value of these fins is way more than the entire shark and according to them why waste space on something not so valuable. To provide context on how much these shark fins sell for, it is roughly about 1,100 USD a kilo, and its rate increases in the black market.

Why does it become important to stop shark finning? Apart from being a cruel practice, it majorly impacts the population of sharks. Sharks are slow-growing species, and such high demand for shark fins is putting them at risk of extinction. The extinction of this one species will have a ripple effect throughout the marine ecosystem. For example, if we lose hammerhead sharks there will be an increase in its prey, rays. And now there is a larger population of rays so the prey that they feed on will reduce like shrimps, clams, snails, oysters, etc., and in turn harming human fisheries. So in totality, we are not only disturbing the marine ecosystem but also disturbing the livelihood and diet of many people living around the coast. Now the problem seems serious, doesn't it?

So, what are we doing about it? India and the world are taking steps to tackle this problem. There are multiple conventions like the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Multiple policy-level changes are being done in India which have been supported by judgments of the Kerala High Court and Supreme Court. The same has been discussed below.

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES was formed with the aim to ensure that international trade does not endanger wildlife. India has been a part of CITES since 1976, India is said to hold about 7-8% of the endangered species that are under the protection of CITES. In November 2022, CITES adopted a proposal to include 54 species of sharks in its protection. This decision was taken in order to control the shark fin trade that was happening worldwide. Now because of this decision all shark trade will be subjected to CITES regulations.

Unlike other countries, shark finning isn't as big of a problem in India when compared to other countries around the world. In India sharks are considered as a rich source of protein or a delicacy, making shark meat, liver oil, cartilage powder, and skin more valuable. Thus the shark finning that actually happens in India happens solely for the purpose of export as there is no domestic market for the same.

In 2001, the Union Government had banned fishing of all species of shark, after protest from the fishermen's community as certain species of sharks made a part of the diet of the people living on the coast, the government brought down this ban to only 9 species out of 99 species. These 9 species are stated under the Wildlife (Protection) Act, 1972. In 2013 the Indian government banned shark finning by an Official Gazette, in 2015 the government further imposed a blanket ban that means that now companies can't even buy shark fins from the local market where shark meat is being sold.

In the case of, Marine Fins v. Union of India, Marine Fins had filed a case in the Kerala High Court, stating that the order of the Union Government banning Shark Finning is illegal and unconstitutional as it is a violation of Article 19(1)(g) - Right to trade. The court held that the export of shark fins was banned and hence upheld the Union Government’s gazette. This was later appealed in the Supreme Court by Marine Fins. The Court not only upheld the decision of the Kerala High Court but also directed the Union Government to take measures to regulate and control illegal fishing of endangered species like the sharks and also enhance monitoring of any such activities in Indian waters.

But this is not enough Shark finning is still an activity that is being practiced. To stop this cruel and harmful practice that can hamper the entire marine ecosystem, required steps must be taken to make sure that the population of sharks is maintained naturally by mother nature and that we do not hamper the same in the name of culture. Culture and heritage need to be preserved but not at the cost of the environment. We can only question the ones sitting in authority about what are they doing to resolve the problem and hope for a better future.

By,

Caren Gonsalves,

III BA LLB,

ILS Law College, Pune.