Peacock feathers are regarded as an auspicious symbol in many cultures, especially in Hinduism. They are often used in religious ceremonies to bring good luck, purity, and prosperity. They are also used in traditional art and clothing, such as in Indian paintings, embroidery, and jewellery. In India, it’s a common sight to see street vendors selling peacock feathers. The temptation to purchase these feathers may be strong, and some of us might even have them at home. However, what many may not realise is that these feathers may be obtained illegally
Legal Status
Declared as the national bird in 1963, the peacock is safeguarded under Schedule I of The Indian Wildlife (Protection) Act, 1972. This law explicitly forbids the killing of peacocks, imposing severe penalties, including imprisonment for up to seven years and a fine not less than ten thousand rupees, as outlined in Section 51(1-A). While killing peacocks is undeniably against the law, an interesting legal loophole arises when it comes to trading the naturally shed feathers. Exploiting this gap, some traders contribute to an illicit trade by obtaining feathers through questionable means, often involving harm to India’s national bird.
Impact of illegal trade on peafowl population
The only stock-taking of India’s peacock population was conducted by the World Wide Fund for Nature in 1991, revealing a concerning reality. At that time, the country only retained 50% of the total peacock population from the Independence era. Government officials and animal activists believe it number has come down further since 1991 because of habitat loss and poaching.
Controversies
While the government has proposed many times the blanket ban on the sale of peacock feathers, The Digambar Jain community has strongly objected to the government’s proposal. The Digambar Jain Munis, who give up all worldly belongings, only carry a Kamandalu and a Pichchi, a small broom made of peacock feathers that they use to clean the place where they sit. The Pichchi represents non-violence and they say that the feathers are collected from those that fall naturally.
Buying peacock feathers can be problematic, as they might come from illegal sources. To avoid any trouble and respect the law, it is advisable not to buy peacock feathers that are unlawfully acquired.
Done By: Adithya Menon, 5th year B.A, LL.B(Hons.)
Veltech School of Law, Chennai
For Origin Law Labs
