Needs Lasting Solution: Kerala HC Directs KeLSA To Obtain Grievances, Suggestions From Inhabitants Living In Human-Animal Conflict Areas

The single judge bench of Justice C.S. Dias observed that inhabitants of high range and forest regions live in constant fear of fatal encounter with wild animals, which violates their fundamental rights. The Court stated that the legal heirs of deceased victims cannot be compensated by words or money and that immediate steps should be taken to find a long lasting solution to address this.

Court said, “This Court cannot remain passive to the issue. It has become incumbent upon this Court to direct the Authorities to take prompt and immediate steps to find a lasting solution to this pressing concern...The Member Secretary of the Kerala State Legal Services Authority shall coordinate with the District Legal Services Authorities and the Taluk Legal Services Authorities and conduct a survey of the grievances and suggestions of the people of the affected areas in the State and bring to their attention the compensation schemes of the Central and State Governments and file their reports before the next posting date”.

The Court was considering petitions seeking directions to the state government to take adequate measures to deal with human-animal conflict in Poomaruthikkuzhi, Pothupara, Kokkathodu, Kallelithottam, Vayakkara, Kulathumon, Orekkar of the Pathanamthitta district.

The Court was also considering the compensation to be paid to the legal heir of the deceased who lost his life in a wild Elephant attack in the year 2022. The Court was apprised that Central and State government are liable to pay compensation and that human-animal conflict is now considered as a State Specific Disaster under the Disaster Management Act. It was submitted that 555 people lost their lives in Kerala between 2019 and 2024 from attack of wild animals. Thus, it was stated that a Special Forum or Tribunal should be set up to decide upon compensation claims of legal heirs.

The Court expressed its disappointment over the loss of lives and injuries resulting from human-animal conflicts.

The Court stated that in Joseph Tajet v State of Kerala and others (2022), the State government had undertaken to implement measures to mitigate human-animal conflicts. However, the Court observed that despite its directions, the continuing fatalities in the State due to human-animal conflicts remain shocking.

Court stated, “ Despite the various directions passed by this Court and guidelines issued by the Government, the problem continues unabated. The alarming statistics of 555 fatalities in the State resulting from wild animal attacks during the last six years are shocking. This Court has also been informed that despite administrative sanction being granted to build protective walls using the Schedule Tribe fund, the project has not progressed.”

Accordingly, the Court suo moto impleaded Secretary to the Ministry of Environment and Forest and Climatic Control, Chief Secretary of the State government, Principal Secretary of the Revenue Department of the State government and Member Secretary of KeLSA as additional respondents in these writ petitions.

Additionally, the Court appointed Advocates M.P.Madhavankutty and Liji Vadakkedam as Amici Curiae to assist the Court.

The Court thus directed the Chief Secretary to inform the Court about the measures taken by the State government to mitigate human-animal conflicts, post Joseph Tajet decision (supra) in 2022. The Court also directed KeLSA to file a report before the Court.

The matter has been posted to March 24 for further hearing.

Case Title: Samyuktha Janakeeya Samithi v State of Kerala

Case No: WP(C) NO. 32407 OF 2024 & Connected Cases