New Delhi, Aug 17: The Supreme Court on Monday directed the Ministry of Environment, Forests and Climate Change (MoEFCC) to conduct a nationwide survey to check if any state has constructed obstacles or created blockades in elephant corridors, saying it was unacceptable.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana made it clear that states cannot construct obstacles in the pathways of elephants to prevent loss of crops and livelihoods.
“Construction of any kind of obstacle or creating blockades in elephant corridors is not acceptable. We are very clear that there cannot be obstacles in the way of wildlife. Elephant herds have a practice of travelling long distances. No state can say that just because crops are getting destroyed, they will have to construct obstacles on their path,” the bench said.
Justice Bagchi said the practice of using fireballs and spikes in West Bengal is prevalent because the elephants come from Nepal and through West Bengal they go to Jharkhand and other states.
CJI Kant said in the Yamuna Nagar area of Haryana there are elephants and from there they travel to Uttarakhand and Himachal Pradesh.
“No state can block their path,” the CJI said.
The top court barred the use of any kind of fireballs or mashaals (torches) to chase away elephants and asked state authorities to implement its directions.
Directing the Centre to submit its report in six weeks, the bench observed that there were already mandatory guidelines issued by the MoEFCC to ensure seamless and unobstructed elephant corridors passing through different states.
“However, owing to certain local factors, the elephant corridors have been impeded, blocked or obstructed. We direct the Union of India, the ministry… to conduct a fresh survey and submit a comprehensive survey report, including the initiatives and necessary steps taken by them to prevent such obstructions,” it said.
The bench said the status report shall also point out the position on the use of fireballs and mashaals or any other coercive action against wildlife.
The counsel appearing for the petitioner, activist Prerna Singh Bindra, and others said the elephant herd is chased in a mob-like manner, which in turn aggravates the problem.
She submitted that steps have to be taken to prevent the use of firearms, fireballs, and mashaals against the natural movement of the elephants.
CJI Kant said such measures have to be taken and the court must be apprised through the status report to be filed in six weeks. On November 14, 2024, the top court agreed to hear a plea seeking initiation of contempt proceedings for alleged violation of its orders asking state authorities to desist from using fireballs to drive elephants that come near human habitation or croplands.
It had issued a notice to West Bengal’s Principal Chief Conservator of Forests (Head of Forest Force) seeking his response on the plea and posted the matter for hearing after four weeks.
The petitioners, Bindra and others, referred to the orders passed by the apex court on August 1, 2018 and December 4, 2018 while hearing a plea that highlighted the cruel methods used in some states to manage human-wildlife conflict and, in particular, human-elephant conflict.
The contempt plea, filed through advocate Shibani Ghosh, said the top court in its August 1, 2018 order had said wherever the spikes or fireballs are used for driving elephants, remedial steps should be taken by the states concerned to remove spikes and to desist from using fireballs.
“Through these two orders, this court had issued clear directions to the State of West Bengal to desist from using fireballs to drive or chase elephants that come near human habitation and croplands,” the plea said.
It said despite a clear direction from the apex court to desist from using fireballs or mashaals except as an emergency measure, that too for a limited period, the practice of using such “cruel and barbaric techniques” to scare and chase elephants continues in West Bengal.
The plea referred to an August 15, 2024 incident when elephant herds entered a colony on the outskirts of Jhargram town in West Bengal. It said a tusker from the group allegedly killed an elderly resident.
“The West Bengal forest department officials reached the spot along with ‘Hulla’ parties — groups of local youth armed with iron rods/spikes and burning mashaals to chase the elephants away,” it said.
The plea claimed that one alleged ‘Hulla’ party member threw a mashaal at a female elephant and the burning spike got lodged in her spine and the animal collapsed soon thereafter.
It referred to another incident in April 2023 from Kalaikunda range in Kharagpur division, Paschim Medinipur, where a herd of elephants was seen being chased by a ‘Hulla’ party armed with a lit mashaal.
“The continued reliance by the respondent/alleged contemnor on ‘Hulla’ parties that throw burning mashaals at elephants as the primary tool for management of human-elephant conflict amounts to contempt of this court’s orders and a breach of the state’s undertaking to seek alternative means to mitigate the conflict situation or reduce negative interactions,” the plea said.
It said the use of mashaals, sharp metal rods, fireballs, inflammable objects, etc as a method to scare away elephants is extremely cruel and barbaric and causes immense mental trauma and physical distress to the animal. (PTI)
