FROM WILDLIFE EXTRA
Emil Kucera, one of two Czech nationals convicted for illegally collecting rare insect species from Singhalila National Park, has been sentenced to three years imprisonment by the Chief Judicial Magistrate (CJM) of Darjeeling. He was fined 50,000 Indian Rupees (INR). Petr Svacha, another Czech, was fined 20,000 INR. This is the first conviction under India’s Biological Diversity Act, 2002 (BDA).
However Karel Adler, another Czech scientist has contacted us on behalf of Emil Kucera and Petr Svacha and denied that they did anything wrong.
Karel Adler says:-
First of all, there is a plenty of inconsistency in acting of Indian authorities. Vladislav Malý of the Czech Entomological Society, who are in contact with his colleagues in India, believes that they were charged with illegal collection of rare species of insects in a national park.
However both men refute these charges by pointing out it was impossible to know that they were in a protected area. They claim there was some logging going on nearby and cows were feeding on grass.
Maly said “If they really were inside a protected area, the charge has to prove it. On top of that, any national park has to be visibly marked, which it doesn’t appear to have been.”
Collecting for colleagues
The two Czechs also refute an allegation they were collecting very rare species. “We were collecting beetles and their larvae, moths and small amount of lesser insects. We collected some for our colleagues back in the Czech Republic.”
While the Indians authorities acknowledge Petr Švácha is as a world renowned expert, they appear to focus more on the other arrested Czech-amateur entomologist Emil Kuèera. The Indian officials believe he had been in the Darjeeling National Park more than once and that the rare larvae of bugs and butterflies he was supposed to collect were not for scientific purpose only. But the evidence to support this charge appears to be very flimsy.
Document believed by Indian authorities to indicate that Kucera was selling insects. Courtesy E Kucera. Is the confusion of the understaning of English? Kucera says he was not selling the insects, but providing them to other entomologists, but his poor English may have led people to misunderstand this. Click for larger image.
Petr Švácha and Emil Kuèera were accused of collecting rare species of insects in the Singalila National Park in Darjeeling allegedly for a commercial purpose. However both men have denied they were collecting insects in a national park.
“We never saw any signs indicating the boundaries of the park and we travelled on the paths used by locals and tourists, moreover in areas that are obviously economically developed – pasture land, timber forests, burned areas, etc. That is usually prohibited in a national park. We are therefore convinced that we were not in a national park, but we have not yet been able to get a map,” said the entomologists in an interview.
According to the Indian court, the Czech scientists confessed their guilt. But the men claim the Indian authorities misused the document they were given to sign. They claim they signed a blank sheet of paper that was supposed to list the scientists confiscated property, but instead, they claim, the Indian authorities put down the scientists confession.
The defence claim that both scientists collected bugs for non-commercial purpose even though they lacked the necessary authorization. For that, they should only face a fine.
The problem is they are both fanatic entomologists, so they probably ignored Indian bureaucracy, how big a crime is that?
Petr Švácha, one of the Czech entomologists who were arrested in India for illegal collecting rare specimens of insect, was acquitted but Emil Kuèera was found guilty of violating the Wildlife Protection Laws and sentenced to three years in prison.
