Legislator Moves Kerala High Court Against Translocation Of Rogue Elephant 'Arikomban' To Parambikulam Tiger Reserve

A review petition has been filed in the Kerala High Court by the Nenmara MLA K. Babu, against the order of the High Court dated April 5, 2023, directing the relocation of wild tusker 'Arikomban' to Muthuvarachal/Orukomban within the limits of Parambikulam Tiger Reserve. 

The elephant had allegedly been foraging into the Chinnakanal area in the Idukki District, 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.

The review petition filed through Advocate Surin George Ipe avers that the Committee of Experts (CoE), that had been constituted by the High Court to advise it on matters relating to Human-Elephant conflicts, and had also been directed to submit a report striking a balance between the conflicting interests of the residents of the locality and the animal in question, had suggested the location only on the basis of opinion of residents of Chinakkanal and their representatives of the local bodies in that area.

It has been submitted that the CoE had not sought the opinion of the residents of Parambikulam, where the elephant was proposed to be shifted. It is also added that the CoE has not taken into consideration the details of the human-animal conflicts in previous years which occurred in Palakkad District. 

"The people in the locality are living in constant fear of attack from animals including elephants and the translocation of Arikomban, would further add to their woes," the plea avers while emphasizing that the CoE had not assessed all the possible risk factors including the threat to civilian life, while making its recommendation. 

The legislator also draws attention to the fact that as per Guidelines for Management of Human Elephant Conflict issued by the Inspector General of Forest, Government of India, Ministry of Environment, Forests and Climate Change, the site of release/relocation should be at a sufficient distance of 200-300 kms or greater so that it would be unlikely for the animal to get accustomed to the new place, and also to prevent any attempt to go back to its place of capture.

On this ground also, the petitioner avers that the recommendation of the CoE lacks coherence since both Parambikulam and ldukki are well connected forests and the human trekking route from Parambikulam dam site to Chinnakanal village is approximately 158kms. "The elephant enroute would find easier and even shorter routes to return to the original site of capture," the plea adds. 

The review petition thus emphasizes that instead of translocation, the CoE ought to have recommended captivity of the animal, particularly considering that the tusker has already killed 7 persons and destroyed 31 buildings in the past 3 months. 

Additionally, the review petition categorically states that the CoE had not considered relevant inputs from the Report of the Karnataka Elephant Task Force, while making its recommendation. 

"The translocation of the tusker, on the basis of a report submitted by the CoE, without gathering the opinion of the residents of the proposed locality for translocation and without considering the inputs referred above, would tantamount to violation of Right to life guaranteed under Article 21 of the Constitution of India,"  the review petition states. 

Case Title: K. Babu v. Union of India & Ors.