Kohima, September 20 (MExN): The Secheku Area Public Organisation (SAPO) has condemned the reported arrest and detention of Vezhoto Hesuh of Porba village by the Forest Department in connection with photographs and videos posted on his personal Facebook account involving birds and animals, alleging that the matter was linked to a wildlife-related offence.
In a statement, signed by President Welhie Chiero and General Secretary Tho-o Shupao, SAPO expressed serious legal concern over the action, saying the reported conduct, as understood by the public, appeared to relate to the capturing, possessing or displaying of images of wildlife rather than an established act of hunting, killing, trafficking or commercial exploitation.
The organisation said it was particularly concerned if photographs or videos showing a person feeding, caring for or appreciating an animal were treated in the same manner as hunting or an intentional wildlife offence without establishing the essential facts and circumstances of the case.
SAPO said Nagaland had a distinctive customary and social environment in which traditional practices and community life had historically existed alongside the natural environment.
It urged authorities to take into account long-standing customary practices and traditions of the Naga people concerning interaction with birds and animals while ensuring that genuine wildlife conservation requirements were respected.
Conservation laws and customary practices should be addressed through proper consultation, awareness and dialogue rather than actions that could create unnecessary confrontation between communities and authorities, it said.
SAPO clarified that it did not oppose wildlife conservation and supported responsible protection of wildlife and the natural environment. However, it said conservation should not become a justification for disproportionate criminalisation where the essential ingredients of a serious wildlife offence had not been established.
The organisation also expressed concern over reports of monetary demands connected with the release of Hesuh. If such a demand was made, the competent authorities should publicly clarify its legal basis, authority and procedure, it said.
Referring to Article 371A of the Constitution, SAPO said the constitutional provision reflected the distinct customary identity and practices of the Naga people. It urged the competent authorities to examine whether the enforcement approach in the case adequately considered Nagaland's constitutional and customary context.
"The law must distinguish between wildlife crime and an act arising out of compassion, affection, customary practice or ordinary human interaction with animals," the organisation said.
If existing legal provisions were found to be inconsistent with the realities of Naga society and customary practices, SAPO called upon the Nagaland government to take up the matter with the appropriate authorities for necessary review, amendment, clarification or exemption, as legally permissible.
SAPO said it could not remain a silent spectator if such actions continued without serious examination of their legal, constitutional and social implications. It urged the government to provide a clear policy and legal position so that genuine acts of compassion towards animals and birds were not unnecessarily converted into criminal cases.
The organisation also extended its solidarity and support to the condemnation expressed by the Porba Youth Organization, Centre Chakhesang Youth Organization and Chakhesang Youth Front.
SAPO called for a fair, transparent and legally proportionate review of the action taken, while urging the authorities to protect wildlife through an approach that respected both conservation objectives and Nagaland's constitutional and customary context.
