Calcutta High Court Seeks WB Forest Authority's Response Over Death Of Pregnant Elephant During Translocation

The Calcutta High Court on Tuesday directed the Forest Department, Government of West Bengal to file a report in a plea concerning the death of a pregnant elephant during the process of translocation from one district to another.

In taking up the concerns raised by the petitioner, an advocate claiming to be an eye-witness to the incident, a Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya ordered:

“The matter concerns an ‘allegedly rogue elephant’ which was tranquilized and thereafter it died. According to the petitioner, the forest department did not follow the settled norms on the transport of animals, which led to the death. Therefore, a writ petition has been filed seeking varied reliefs. Government counsel, and Chief Wildlife Warden & Conservator, Govt of West Bengal have appeared in the matter. In order to consider the relief which, the petitioner would be entitled to, it is necessary that a detailed report be filed by the 4^th respondent, with regard to the allegations made in the petition. Upon filing such report in form of an affidavit, the court will consider the further order to be passed in the matter.”

It was submitted by the Petitioner that the Forest Authorities had not followed the standard operating procedures concerning the transport of wildlife, and that due to shortcomings in their techniques, and methods, the pregnant elephant unfortunately passed away while it was in a tranquilized state, due to asphyxiation from being lifted up on its torso by a crane, instead of by the legs as had been mandated.

It was further submitted that the forest authorities had wrongly classified the elephant as a “rogue” male elephant, and then as an intersex elephant, when it in fact was a female elephant who was carrying a foetus, as was discovered by the petitioners, as well as in the post-mortem examination.

It was submitted by the Government Counsel that the elephant was indeed a rogue elephant, and had killed nearly five people in its fits of rage, due to which a relocation was being considered. It was further submitted that the elephant had exhibited traits of being solitary and aggressive, which was not typical for female elephants.

These submissions were supported by the Chief Wildlife Conservator, Government of West Bengal, who submitted that the traits being exhibited by the elephant could not have been attributed to a female elephant, and that ascertainment of its gender would have required a medical examination. It was further submitted that the foetus the elephant was carrying was already pre-deceased.

Upon having heard the arguments of all parties, the Court asked for a detailed report on the issue to be filed by the State authorities.

Coram: Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya