Elephant Deaths Due To Electrocution : Supreme Court Issues Notice On PIL

The Supreme Court on Wednesday issued notice in a PIL filed seeking court's urgent intervention in relation to the problem of elephant deaths due to electrocution in the country.

A Bench comprising Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli issued the direction. 

The petitioners were represented through Advocate Kartik Shukul before the Court. 

The Petitioners have submitted that they seek to bring to light the grim reality that wild elephants in India face on account of the alarming rise in the number of unnatural elephant deaths, primarily due to electrocution.

The petition has stated that the horrific scale of the problem has been recognised by expert bodies set up by the Ministry of Environment, Forest and Climate Change (MoEF&CC) itself, such as the Elephant Task Force's 2010 report 'Gajah', which identified the death of elephants in incidents of deliberate and accidental electrocution as "one of the most common causes of elephant deaths in India".

Further, according to the petitioners, this finding is supported by data tabled by the MoEF&CC before Parliament, which shows that 333 out of the 510 elephant deaths related to conflict with humans between 2014-15 and 2018-19 were caused by electrocution – i.e. nearly two-thirds of all unnatural elephant deaths were caused by electrocution.

The petition filed through Advocate Abhikalp Pratap Singh has sought the following reliefs and directions:

• Directions to MoEF&CC to effectively implement the relevant recommendations of the 'Gajah' report of 2010 and implement points of the recommendations of the Task Force as accepted by the Standing Committee of National Board for Wildlife in its 54th meeting dated 18th July 2019.
• Directions to the Respondents, the Centre and States, to begin with immediate effect the insulation of high voltage power transmission lines passing through Protected Areas (Wildlife Sanctuaries, National Parks, Community Reserves and Conservation Reserves), Elephant Reserves, identified Elephant Corridors and known areas of elephant movement.
• Directions to the Respondents to ensure that laying of new power transmission lines within Protected Areas be henceforth be permitted only in those cases where there are absolutely no alternatives available.
• Directions to discontinue use of electric fencing within and around Protected Areas (except low voltage solar electric fencing to safeguard Forest Department outposts) and designated Elephant Corridors outside Protected Areas.

The petition has further pointed out that the recent data submitted in the Lok Sabha by the MoEF&CC shows that these numbers have been steadily increasing – from 56 electrocution deaths in 2016-17 to 81 deaths in 2018-19. Recently the MoEF in response to a RTI application has responded that from 2009 to 2020, in total 741 elephants have died due to electrocution.

The Petitioners have argued that the negligent and callous attitude of the Respondents (Centre and the States) in not implementing statutory mandates and various guidelines and recommendations of their own expert bodies and committees, as well as orders passed by Supreme Court from time to time, has led to the continuing and increasing deaths of wild elephants due to electrocution.

"In doing this, the Respondents have collectively failed in their obligations and duties of the protection of wildlife," the plea states.

Case Title: Prerna Singh Bindra & Ors. vs Union of India & Ors.

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