Ensure That No Encroachment Takes Place On Forest Land, Preserve Wildlife Corridors: Madras High Court To TN Govt

The Madras High Court last week observed that no encroachment must be allowed on forest land and directed the Tamil Nadu Government to take all steps to ensure that all things necessary for the preservation of forests and animals are well in place.

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was dealing with the case of an Elephant, popularly known as 'Rivaldo', who was sought to be captured and thus, the Petitioner brought it to the attention of the Court that the purpose for the capture and the capture wouldn't be in the best interest of the Rivaldo.

General Observations 

However, before dealing with Rivaldo in particular, a general impression was recorded by the Court that many elephants are in captivity in the State, whether in connection with temples or being used as beasts of burden by their human captors or even in official duties.

Further, while observing that oftentimes, the elephants may not be fed appropriately or even treated properly, particularly by those using elephants as beasts of burden, the Court remarked,

"While some elephants may be used by forest officials for the general maintenance of the forest and to traverse the length and breadth of the forest to assist other habitants thereat, the number of elephants in captivity in the State appears to be much more than what may be ignored.

The Court also remarked that elephants retrace their steps from one forest to another through the passages which used to be the corridors, they come into conflict with the human inhabitation and many elephants have suffered a gruelling death, whether by bursting crackers or by being set on fire or by electrocution.

For such purpose, the Court added that it is not only imperative that forest land is maintained and preserved, but also that the corridors between two forests be left as untouched as possible.

Significantly, the Court also remarked

"If the humans are going to cut through forest by building roads, avenues and pathways have to be left open or made anew for the animals to cross over from one side to the other without disturbing the traffic."

About Rivaldo

The Court perused the report submitted in connection with Rivaldo, the Court noted that Rivaldo had been captured, but not kept chained, and the only purpose is to provide healing to his chopped trunk which impedes his food intake and to take care of the impaired vision in one eye.

Further, the State submitted that Rivaldo is now doing well and the State does not intend to keep Rivaldo in captivity for any great length of time, as long as Rivaldo shows signs of recovery.

To this, the Court said,

"The Court is no expert to ascertain how much time should be given to an animal like Rivaldo to recover and to be returned to the wild. The petitioner expresses concern at the dwindling number of male elephants and the skewed gender ratio because of poaching for the invaluable tusk."

Further, the Court expressed its hope that the Environment and Forest Department and all personnel therein put their best foot forward to not allow a further inch of forest land to be desecrated and preserve such of the corridors linking the forests that remain while endeavouring to restore some of the old corridors.

Lastly, the plea was disposed of without any further order, but by requesting the respondent authorities to do all things necessary for the preservation of forests and animal and plant life and take note of the observations of the Court.

The Court also opined that the State could rope in genuine animal-lovers and persons who have conducted scientific studies so that the expertise in the area may be put to good use. 

Case title - Dr T. Murugavel v. The Principal Secretary to Government of Tamilnadu and others [W.P.No.2545 of 2021]

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