Monkey Menace: Karnataka High Court Directs Local Bodies To Properly Implement State's SOP For Capture & Relocation

A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty gave the direction while disposing of a suo-motu petition initiated on the basis of news reports regarding the incident of unidentified persons allegedly poisoning a group of Bonnet Macaques (monkeys), and killing over 38 of them. The carcasses were found at a road junction at Chowdenahalli in Arehali Hobli of Belur taluk in Karnataka's Hassan district, in the year 2021.

According to reports, the miscreants first allegedly poisoned over 50 monkeys, stuffed them into gunny bags and beat them mercilessly and then threw the gunny bags near the Chowdenahalli village.

The bench had then relied on the Supreme Court judgment in the case of Animal Welfare Board of India v. A Nagaraja And Ors reported in (2014) 7 SCC 547, wherein the right to live conferred on animals was recognised. It had prima facie opined that the instant case is a case of gross violation of Prevention of Cruelty to Animals Act 1960 and in particular Section 3 and 11, thereof.

From time to time, the court had issued directions in the matter and on August 4, 2021, the state government was told to create a proper machinery for immediately acting upon complaints about monkey menace and for rescuing and relocating monkeys in a scientific manner without causing any harm to them.

In pursuance of the directions, the state government formulated a standard operating procedure for capture and release of monkeys by the Forest Department/ BBMP/ Urban Local Bodies.

The bench observed, "We have heard party in person and AGA and have perused the SOP, the aforesaid SOP framed by the state government deals with the aspect of monkey related conflict issues, SOP for capture and release of monkeys by the forest department, as well as capture and its relocation. A website has also been created. The details of SOP also deal with the specification of capturing cages."

Further it said, "AGA submits that the detailed SOP framed by the state government shall be given effect to. Therefore in the facts and circumstances, the petition is disposed off with a direction to the concerned authorities to give effect to the provisions of the SOP for capture and release of monkeys by forest department/ BBMP/ ULB in true letter and spirit."

Case Title: HIGH COURT OF KARNATAKA v. THE STATE OF KARNATAKA

Case No: WP 14143/2021

Citation: 2022 LiveLaw (Kar) 329

Date of Order: August 22, 2022