Asiatic Lion Deaths On Railway Tracks: Gujarat High Court Lays Down Preventive Guidelines, Calls For Speed Reduction & Improved Infrastructure

The Gujarat High Court has issued a series of directives following the unnatural deaths of three Asiatic lions on railway tracks in Amreli district. The Court has scheduled a follow-up hearing next month to review the implementation of recommendations by a High-Level Committee.

The division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, ordered, “After going through the report submitted by the High-Level Committee, we post the matter on 09.08.2024 to place before us for compliance of the recommendations of the Committee in the first phase such as the decision of the Railway Board for improvement of the headlights of locomotives to relax the speed restrictions, the periodic vegetation shredding on both the sides of the railway track, cleaning of vegetation from the underpasses by the railways, reduction of speed of trains as per the recommendation of the Committee.”

“The progress made in retrofitting of the underpasses along the railway track of Pipavav to Liliya; commencement of the work of joint-feasibility survey, both by the Railways and Forest Department to notify the location for construction of the underpass and notifying the hotpots, depending upon the seasons and anthropogenic pressures, is to be placed before the Court on the next date fixed,” the bench further ordered.

Background

An affidavit of compliance concerning the Court's previous order dated April 23, 2024, was submitted by the Chief Conservator of Forest, Wildlife Circle, Junagadh. The affidavit indicated that a High-Level Committee has been established under the supervision of the Ministry of Railways and the Forest Department of Gujarat.

This committee has been tasked with developing a Standard Operating Procedure (SOP) aimed at protecting the Asiatic Lions in Gir and ensuring their movement is unobstructed in the Gir Protected Areas. The committee is also responsible for investigating past incidents and formulating preventive measures.

The Government Resolution dated May 30, 2024, was provided to the Court, demonstrating that the High Level Committee includes senior officers from both the Forest and Environment Departments and the Railways. The committee will operate under the oversight of the Safety Ministry of Railways and the Principal Secretary of the Forest and Environment Department of Gujarat. Its goals include drafting SOPs to prevent future incidents on railway tracks and conducting a thorough inquiry into previous lion deaths to determine responsibility.

Regarding the deaths of lions in incidents on January 3, 2024, January 12, 2024, and January 21, 2024, the Ministry of Railways has set up three separate inquiry committees. The Forest Department's inquiry committee includes the Chief Conservator of Forests, Wildlife Circle, Junagadh as Member Secretary, the Conservator of Forests, Wildlife, Crime, Gujarat as a Member and the Additional Principal Chief Conservator of Forests as Chairman. Reports from these committees have been submitted to the High-Level Committee for further review.

The High-Level Committee has convened four meetings to date. It presented a brief report outlining recommended measures such as adjusting train speeds, issuing caution orders, constructing under-passes, implementing IT solutions, and training railway staff.

In reviewing the incidents, the High Level Committee found no negligence from Forest or Railway staff in the January 3, 2024, incident. For the January 12, 2024, incident, the Committee noted that while no staff negligence was found, there was no caution order for the affected track section. The train's high speed and insufficient illumination contributed to the accident. The Committee found that the presence of the tracker and beat guard was noted, and no negligence by forest staff was observed.

For the January 21, 2024, incident, the Committee reviewed speed data indicating that the train was travelling at 81 km/h and stopped 164 meters after braking. There was no caution order for the track at the time. The Committee opined that a lower train speed could have prevented the incident and noted that action was taken against certain forest staff members.

The High-Level Committee's site visit confirmed that there was proper fencing and an underpass at the incident location, but a lone lioness was on the track without a caution order. Despite the train being within permissible speed limits, the Committee suggested that reduced speed could have prevented the accident.

To prevent future occurrences, the Committee recommended permanent speed reductions at night in identified hotspots, speed restrictions on the Rajula Junction-Mahuva track, and periodic monitoring of lion corridors. Improvements in train headlight illumination, cooperation between Railways and the Forest Department for vegetation management, and retrofitting underpasses are also advised.

The Court emphasized the need for constant monitoring of hotspots, improved locomotive headlights, regular vegetation clearing, and retrofitting of underpasses to facilitate wildlife crossings. The matter is scheduled for further hearing on August 9, 2024.

Case Title: Suo Motu v. Union of India & Ors.

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