Uttarakhand High Court Suggests State To Come Up With Policy For Surrender Of Old, Infirm Animals; Penalty On Those Abandoning Cattle

In a matter pertaining to man-animal conflict, the Uttarakhand High Court has suggested to the state government to come up with a policy for persons, who are not interested in keeping their cattle especially old and infirm, so that they can surrender the same in the shelter homes.

The division bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal said one of the reasons for increasing man-animal conflict is the release of old cattle and cows which are not milk bearing, and which cannot be used for farming purposes by the owners.

"Stray cattle wander into the forests and attract carnivores, such as leopards and tigers. They are easy prey for such carnivores. Such stray cattle give rise to increased man-animal conflict. It also drives the carnivores out of their core areas, into the periphery where the human habitations exist. The State should take definite and stringent measures against all such persons who release their cattle and allow them to wonder into the forest areas," said the court.

While suggesting the State to come up with a policy for surrender such old and infirm cattle to shelter homes, the court further suggested that cattle which is found to be straying, should be impounded and taken to such shelter homes, and the persons found responsible for leaving their cattle astray, should be appropriately penalized. Such penalty should have deterrence effect, it observed.

"The State should place its views on the above aspects before this Court in a further affidavit to be filed before the next date," the court ordered.

It also directed the State to file an affidavit stating the corridors identified for the movement of wild animals and to form an expert panel to document the general traits of species of animals involved in man-animal conflict, such as elephants, tigers, leopards.

“In the affidavit to be filed by the State, they should clearly state as to which are the identified corridors for movement of wild animals. Other areas where movement of wild animals takes place, from one habitat to another, should also be indicated in the affidavit,” said Justice Vipin Sanghi and Justice Rakesh Thapliyal.

The court also directed the State to publish the literature on traits of wild animals involved in conflict, “indicating the dos and don’ts that human beings should follow, to avoid such conflicts.” “Such literature should be widely circulated, particularly, in areas which witness man- animal conflict in the State,” it added.

The bench was hearing the PIL filed by Anu Pant through Advocate Abhijay Negi, seeking directions to the Authorities to take effective measures for protection of people and property while balancing leopard conservation in a non-lethal manner. The PIL also seeks directions to the State to provide toll-free helplines for immediate health facilities and compensation for the victims of wild animal attacks.

“Our concern is to see that the State and its instrumentalities are looking at the problem of man-animal conflict with all seriousness and sincerity, and that their officers/officials are complying with the Standing Orders and SOP, which have been evolved, either by the State itself, or by other authorities, such as the Central Government,” observed the court.

Advocate Negi highlighted that claims for compensation of people affected by man- animal conflict are pending since 2016 onwards. On this, the court said, “the State should expedite the disposal of the claims, one way or another, upon examination of the merits of each of such claims.”

It was further submitted that in the budget allocated for dealing with the human-wildlife conflict mitigation for 2022-23, no amount was allocated for training and awareness of the local population in areas surrounding forests, and wildlife sanctuaries.

“The respondents should look into this aspect, and to deal with man-animal conflict, it is essential that training and awareness of the local population is undertaken, so that they are aware of the dos and don’ts, so as to avoid such conflict,” said the court.

While listing the matter for August 8, the court directed the State to file the affidavit “at least two weeks before the next date.”

Case Title: Anu Pant v. State of Uttarakhand & another

Counsel for petitioner: Abhijay Negi.

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