Bombay High Court To Suo Moto Analyze Rights Of Wild Animals In Human Dominated Society, Takes Cognizance Of Gadchiroli Elephants Shifting To Zoo

The Nagpur Bench of Bombay High Court on Wednesday took suo moto cognizance of Forest Department's decision to move wild elephants from Gadchiroli forest to a zoo.

Justices Sunil B. Shukre and Valmiki SA Menezes took up the matter after a news item published in Times of India which reported that three wild elephants had been shifted to a proposed zoo in Gujarat was brought to the court's notice.

The court observed that the issue was of seminal importance from the viewpoint of public interest and raises a fundamental issue regarding rights of wild animals within the society dominated by human beings and the framework of the Constitution.

"While it is true that the animals and the wild animals not being bestowed with similar mental faculties including faculty of speech as human being, it is difficult for human society to seek consent of the affected animals before they are forcibly removed from one area to another area but, that should not deter a human being from devising some method where rights of the wild animals against their forcible removal and in respect of other matters are equally respected as that of man and a balance is struck between the rights of man and rights of animals including wild animals. If this could be done, much of the problems arising from man-animal conflict will be redressed", the court stated.

Senior Advocate J. T. Gilda submitted that the proposed move to shift wild elephants to a zoo is contrary to the directions issued by the Apex Court. Further, migration of wild elephants to Gadchiroli forest from some other areas is a sign of good health of forest and should have been seen as a welcome development. He submitted that the proposed move is regressive and against the interest of the wild animals, tribal population of Gachiroli and the environment.

The court observed that presence of wild elephants adds to the biodiversity of Gadchiroli forest Hence, it is the duty of the State to do everything to preserve the population of wild elephants in Gadchiroli. "Any move to shift them to a Zoo would result in harming the biodiversity, and would be against the spirit of the Biological Diversity Act, 2002", the court added.

The court appointed Senior Advocate J.T. Gilda as an amicus curiae to be assisted by Advocate P. S. Tembhare and added the following as respondents in the suo moto PIL -

1. Union of India, through the Ministry of Environment, Forest and Climate Change.
2. State of Maharashtra, through Chief Secretary
3. Principal Secretary of Revenue and Forest Department
4. Principal Secretary of Tribal Development Department
5. Principal Secretary of Social Welfare Department
6. Chairperson of Maharashtra State Biodiversity Board
7. Chairman of Central Zoo Authority of India, Lodhi Road

The court issued notice to the respondents and listed the matter on September 8, 2022 for further consideration.

Case no – Suo Moto Public Interest Litigation No. 05 of 2022

Coram – Justice Sunil B. Shukre and Justice Valmiki SA Menezes

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