Leopard Gives Birth In Human Habitat, Kerala HC Reminds Forest Officials To Follow SOP On Stray Wild Animals

The SOP provides the suggested field actions to be followed by forest officials in dealing with wild carnivores like the tiger and leopard.

The appellant had approached the Court with an apprehension that the Forest Department had snatched two leopard cubs from their mother leopard in violation of the SOP issued by the NTCA.

The Division Bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen found no evidence of any violation and disposed the appeal with a direction that "henceforth, while dealing with wild animals, the forest officials have to be keen in following Standard Operating Procedure (SOP) issued by the National Tiger Conservation Authority (NTCA) and the Wildlife (Protection) Act, 1972, strictly, if found straying in the human habitat.”

The appellant had approached the Court against the forest officials based on a newspaper report dated January 2022 titled as 'Get nod to shoot leopard if needed'.

The appellant stated that a mother leopard delivered two cubs in an uninhabited village in Palakkad district but the forest officials took the cubs away contrary to the SOP issued by the NTCA. Further, he alleged that since the forest officials took the cubs away, the mother leopard was roaming and causing threat to the villagers in search of its cubs.

The single judge disposed of the writ petition on finding that the forest officials were only attempting to save the lives of the cubs from the villagers as there was an apprehension that the villagers would harm them. It also noted that the forest officials had acted per the law. It also found that the leopard had returned to its habitat along with one cub and that there was no need for any apprehension that the leopard would be shot. Aggrieved by this order, the appellant has preferred an appeal.

The division bench noted that the forest officials took the cubs to protect them from the villagers and to provide medical care. It found that despite the best efforts of the forest officials, one of the cubs could not be saved and the other cub was later reunited with its mother.

The Court was also apprised that all forest officials as part of their induction were given training on rescue, handling and rehabilitation of wild animals including exposure on all the procedures and the SOP followed in the field.

Furthermore, the Court noted that forest officials have followed all the standard protocols. It also observed that the forest officials have taken all steps for saving the lives of the leopard cubs.

Accordingly, it disposed of the writ petition and held thus, “we are of the view that while dealing with wild animals, the forest officials have to be keen in following the SOP”.

Counsel for the appellant: Advocate Angels Nair (Party in person)

Counsel for the respondents: Special Government Pleader T P Sajan

Citation: 2024 LiveLaw (Ker) 21

Case title: Angels Nair v Union of India

Case number: WA NO. 1311 OF 2023

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