Kerala High Court Urges Authorities to Expedite Action To Mitigate Human-Wildlife Conflicts

The Kerala High Court recently asked the concerned authorities to speed up the process of implementing the guidelines proposed to deal with human-animal conflict in the State. 

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that though proposals had already been introduced to deal with the issue, they were yet to be implemented in practice.

"In as much as the guidelines have been implemented and steps have also been taken...we only observe that the proposals and the action to be taken, be expedited."

The Court was adjudicating upon a plea seeking adequate measures to protect wild animals in the forests from human attacks.

The petition had also sought a direction to the concerned authorities to take measures to ensure that the wild animals do not have to stray into inhabited areas and to take other similar remedial measures to prevent attacks on wild animals.

The petitioner, who is an avid animal lover and active philanthropist, moved the Court through Advocates M Ramesh Chander, CK Rapheeque, KB Nidhinkumar, Nisha G Tharamal and Sarimol Kareethara.

He filed the plea provoked by the incident in 2020 where a pregnant elephant succumbed to injuries after eating a pineapple loaded with crackers. In his plea, he alleged that many wild animals were facing brutal attacks due to the absolute negligence of the Government and its officials.

It was also argued that the State and citizens were equally bound to protect and safeguard the wildlife. The petitioner further pointed out that other States where wild elephants frequently strayed into inhabited areas have already taken preventive measures to minimise human-animal conflict.

As per the directions of the Court, the Chief Wild Life Warden submitted that appropriate action was being taken to reduce human-wildlife conflict based on guidelines for Management of Human Elephant Conflicts 2017. It was submitted that measures such as the construction of solar-powered fences, elephant-proof walls, crash guard rope fencing, etc., may prevent wild elephants from entering human settlements and farmlands.

ASGI S.Manu and Central Government Counsel Jaishankar V. Nair appeared for the respondents and submitted that for improving the habitats of wild animals, activities like soil and moisture conservation activities, construction and maintenance of check dams, water holes to store water and eradication of exotic flora, and planting of endemic species were being carried out.

It was also stated that 15 Rapid Response Teams were deployed in highly prone areas to drive away wild animals especially elephants straying into human settlements and that compensation is paid for death, injury causing handicap and other injuries due to wildlife attacks and to farmers for crops that sustain loss/damage due to attack by wild animals at the rates. 

The Court appreciated these measures but highlighted that they need to be implemented expeditiously.

Case Title: Gaurav Tewari v. Union of India

Citation: 2022 LiveLaw (Ker) 435

Click Here To Read/Download The Order