Kerala High Court Orders Capture, Radio-Collaring & Relocation Of Rogue Elephant 'Arikomban' To Parambikulam Tiger Reserve

The Kerala High Court on Wednesday ordered that the rogue elephant, 'Arikomban', which had been wreaking havoc in human settlements in Chinnakkanal and Santhanpara Panchayaths in the Idukki District, ought to be captured, radio-collared and relocated to the Muthuvarachal/Orukomban within the Parambikulam Tiger Reserve. 

The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. issued the above order after perusing the report filed by the Committee of Experts that had been constituted by it to advise the Court on matters pertaining to Human-Elephant conflict situations arising in the State. 

"Having considered the report of the Committee and having heard the counsel appearing for the various parties in this writ petition including parties who sought to get themselves impleaded in the writ petition as also the learned Additional Advocate General appearing for the State of Kerala, we are of the opinion that the Committee has considered all the relevant aspects and has come to the conclusion that the best possible way to deal with the present situation is only to capture, radio-collar and translocate the animal to the Parambikulam Tiger Reserve. We are convinced that this is the best option, despite the submission of the learned Additional Advocate General that it is for the Chief Wildlife Warden to take a final decision as to whether the elephant has to be translocated or kept in captivity," the Court observed in its Order. 

The elephant had allegedly been foraging into the Chinnakanal area, and causing damage to the property in the human settlement areas. Vide its order dated March 25, 2023, the Court had directed the Forest and Wildlife Department to refrain from capturing the tusker.

Report of Committee of Experts (CoE)

The CoE in its report submitted before the High Court today, had considered two options, namely: 1. the capture, collaring, and release of the animal; and 2. capture, collaring, and translocation of the animal. Upon assessing the merits and demerits attached with each option, the Committee was of the opinion that the second option was the most appropriate one under the circumstances. 

It suggested the translocation of the tusker to Muthuvarachal/Orukomban falling within the Parambikulam Tiger Reserve, on the basis of the following factors: i. that the location is part of a larger landscape with plentiful food, water, and natural resources for the survival of the animal; ii. that the site of relocation may gradually shape the animal's behaviour, making it less likely to seek anthropogenic resources over time; and iii. that the site is most likely to avoid any human-wildlife conflicts. 

The Committee was of the opinion that although the elephant was in 'Musth', tranquillizing it, radio-collaring it and translocating it to the Parambikulam Tiger Reserve would not cause any harm to the animal.

The Court noted that the committee had been appointed in the first place, taking note of the peculiar circumstances of the case. The Court was of the view that since the experts in the field were part of the CoE that had given its opinion, it would be most appropriate to defer to the opinion of the CoE. 

District Collectors to Supervise Translocation of Arikomban

The Additional Advocate General today assured the Court that the Officials and Departments of the State Government would offer necessary assistance for the safe translocation of the animal to the Parambikulam Tiger Reserve. The said assurance was given pursuant to the point raised by the Amicus Curiae, Senior Advocate Ramesh Babu that the translocation of the elephant would require active participation of various Government Departments, particularly, the Revenue, Forest, Police, Kerala Fire and Rescue Services Departments, and the Kerala State Electricity Board (KSEB). 

The District Collectors of Ernakulam and Idukki were directed by the Court to personally supervise the translocation of the animal while the convoy passed through their Districts. The District Police Chiefs/Rural District Police Chiefs, through whose jurisdictions the convoy would pass were directed to ensure safe passage of the animal to the location. The Court also directed the Chief Engineer (Distribution) of KSEB to issue necessary instructions to the Officers concerned in the route of the convoy to ensure that electric supply would be suspended for the appropriate time upon request, in order to ensure that the elephant would not be harmed by the overhanging cables in the area. 

The Court clarified that the Chief Conservator of Forests (High Range Circle), Kottayam, Arun R.S.; Chief Conservator of Forests & Field Director, Project Tiger, Kottayam, Pramod P.P; and the Chief Forest Veternary Officer, Dr. Arun Sakharia, would be in overall control of the capture and shifting of the elephant, and further directed that they also ought to personally accompany the animal while it was being shifted from Idukki to Parambikulam Tiger Reserve.

Importantly, the Court declared that the public would be barred from videographing or transmitting the images of the tusker being captured, transported or released at the location. 

"No celebrations or beating of drums or bursting of crackers shall be permitted anywhere near the animal after its capture or during its transport," the Court stated.

The Court also observed that the District Administration of the concerned District could, if necessary, issue prohibitory orders in that regard in exercise of its jurisdiction under Section 144 of the Code of Criminal Procedure. 

Emergent Steps to be Taken to Solve Human-Animal Conflicts 

The Court today directed the CoE to consider the proposals put forth by the Forest Department Officials in the document titled 'Proposal on Conservation of Elephants at Anayirangal, Chinnakanal, Devikulam Range of Munnar Forest Division, Idukki District, Kerala', in a bid to formulate steps towards finding a lasting solution to the perennial problem of human-animal conflict in various districts in the State. 

The Court was of the prima facie view that the recommendations in the report ought to be seriously considered in order to protect the life and property of human settlers in the area. 

"We are constrained to take this view because the present situation clearly indicates that unless emergent steps are taken, the instances of human-animal conflict will continue in the area," the Court noted. 

It therefore directed the CoE to hold emergent meetings with the Principal Secretary, Revenue, Principal Secretary, Forest and Wildlife Department, District Collector, Idukki and other officials as the Convenor of the Committee deemed appropriate, in order to implement the suggestions in the said document. The CoE was also asked to go through the report of the Elephant Task Force, Ministry of Environmental and Forests dated August 31, 2010, which also elaborated on steps to mitigate human elephant conflict situations.

"The Committee shall thereafter endeavour to file a report before this court as regards the steps that can be taken towards implementation of the proposals aforementioned, and the time frame within which they can be taken," the Court added. 

Constitution of Task Force

The Court went on to constitute a Task Force in order to assuage the fear and anxiety of the people most affected by the instances of human-animal conflict in Idukki District, pending the study by the CoE of the aforementioned proposals. 

The said Task Force is to comprise of the following officials:

i. The concerned Revenue Divisional Officer; 

ii. The Chief Conservator of Forest (Project Elephant) having jurisdiction over the area; 

iii. The District Police Chief; and 

iv. The Panchayat President of the concerned Panchayat. 

The Court directed that the District Police Chief would be the Convenor of each of the Task Forces constituted for the various Panchayaths in Idukki District, wherein, cases of human-animal conflict occur. It directed the Task Forces to be constituted within a week, and further directed the same to immediately proceed to formulate measures to prevent elephant incursion into human settlement areas within the territorial limits of the respective Panchayats. The Court emphasized that in doing so, the local people who are most affected by such instances of human-animal conflict also ought to be consulted by the Task Forces.

The Task Forces were also specifically asked by the Court to ascertain as to whether any accumulation of municipal waste within the areas of the Panchayats in question attracted the animals to human settlement areas, and to propose measures to counter the same. 

 The Court directed the District Police Chief, Idukki, to submit a report regarding the constitution of the said Task Forces, and their functioning within three weeks. 

The matter has been posted for further consideration on May 26, 2023.

Case Title: In Re Bruno v. Union of India & Ors.

Click Here To Read/Download The Order