Supreme Court Issues Notice To West Bengal Govt On Contempt Plea Assailing Use Of Spikes, Burning Mashaals To Scare Away Elephants

The Supreme Court yesterday issued notice to the West Bengal government on a contempt petition filed against it, assailing continued use of sharp spikes and burning mashaals to drive away elephants in the state.

A bench of Justices BR Gavai and KV Viswanathan passed the order, upon hearing Advocate Rashmi Nandakumar (for petitioner), who submitted that West Bengal government has failed to effectively address human-elephant conflicts and violated orders dated 01.08.2018 and 04.12.2018 passed in Prerna Singh Bindra v. Union of India.

The counsel drew the Court's attention to recent incidents, such as the one which occurred on August 15, 2024, when a group of elephants entered the Jhargram Raj College Colony in West Bengal. It was informed that during the said conflict, a pregnant female elephant was chased by a Hulla party (groups of local youth armed with iron rods/spikes and burning mashaals) and attacked with a burning mashaal, which eventually resulted in her tragic death.

Referring to the continued use of spikes and burning mashaals to drive away elephants in West Bengal, despite undertaking given to the Court that such methods will be desisted from, Nandakumar urged, "The State of West Bengal has not even considered alternative methods, unlike the State of Karnataka and certain other states, where they are looking at other methods".

Hearing the submissions, the Court issued notice and called for a response from the Principal Chief Conservator of Forests, West Bengal.

Background

Prerna Singh Bindra case raised the issue of cruel and torturous methods being used in 4 states – Karnataka, West Bengal, Jharkhand, and Odisha – to manage human-wildlife conflict, and in particular human-elephant conflict. It highlighted two methods – (i) use of metal spikes in Karnataka with the intention to hurt the elephants and to restrict their movement; (ii) state sanctioned hiring/engagement of 'Hulla parties' in West Bengal.

Vide orders dated 01.08.2018 and 04.12.2018, the top Court made clear that the State of West Bengal shall remove spikes and desist from using fireballs. Further, as the state pled that another method could not be implemented at the time to avoid human-elephant conflict, the Court clarified that mashaals could be used in a situation of emergency, to avoid deaths or crop damage. Also, the state government, on its part, undertook that it would seek appropriate advice on new deterrent methods to reduce human-elephant conflicts.

What does the petition say?

As per the petitioner, the practice of chasing and scaring away elephants through the use of burning mashaals is continuing in West Bengal, despite clear orders of the Court.

"To the best of Petitioner's knowledge in the past six years, the Respondent/ Alleged Contemnor has neither made any serious efforts to consult scientific bodies to explore more humane/ scientific alternatives to Hulla parties nor has the State developed or implemented any alternative mitigation measure as per the MoEFCC's Guidelines and other policy documents issued by MoEFCC or Project Elephant to comply with the Court's directives. The Respondent /Alleged Contemnor herein continues to use burning mashaals as the primary tool for conflict management."

The petition cites two incidents of human-elephant conflict, where Hulla parties were allegedly involved and caused hurt to elephants, under the watch of West Bengal forest department officials. It is asserted that Hulla parties are neither given any training nor are they properly sensitized on how to deal with such conflict situations.

"During Hulla drives there is a volatile situation, and there is almost no way to discipline the crowd. In that tense atmosphere, it is almost inevitable that the elephants will be attacked with the lighted/burning mashaals that are thrown at them, causing immense physical pain and distress as well as psychological trauma. By permitting these violent and aggressive measures for driving elephants is not only allowing blatant violation of the Wild Life (Protection) Act 1972, but endangering the lives of elephants and communities who live in these conflict-ridden areas."

Further, it is the petitioner's contention that West Bengal should have taken steps to strengthen and augment preventive measures, already in use in some places in India, such as,

"introduction of high mast lights and solar lights at edges of villages, provision of LED/solar chargeable torch lights to villagers, use of chilli smoke and traditional drums to deter elephants, systematic early warning system on elephant movement as well as transparent, expeditious, and generous provision of crop compensation – handled in a sensitive, empathetic manner."

The petition has been filed through Advocate-on-Record Shibani Ghosh.

Case Title: PRERNA SINGH BINDRA Versus NIRAJ SINGHAL, IFS, CONMT.PET.(C) No. 780/2024 in W.P.(C) No. 489/2018