M/S People for Animals Mysuru Vs State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO IMMEDIATELY RADIO COLLAR AND RELEASE THE WILD ELEPHANT CAPTURED BY THE THIRD RESPONDENT ON 07.06.2023 AT BANDIPUR AND ETC.

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THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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C.A.V. JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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The present petition was grouped with Writ Petition No.16213 of 2024, which was suo motu proceedings. The said suo motu petition along with the third cognate Writ Petition No.2406 of 2024 is disposed of as per the judgment pronounced today.

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1.1 Heard learned advocate Mr. Alwyn Sebastian for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar for the respondents.

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The petitioner-M/s.People for Animals Mysuru filed this public interest petition invoking aid of Article 226 of the Constitution. What was prayed in this petition was to direct the respondent-authorities to radio collar and release immediately the wild elephant captured on 07.06.2023 by the Assistant Conservator of Forests, Bandipur Sub-division, Bandipur, Chamrajanagar District at Bandipur. The next prayer was to direct the respondents to abide by the protocol

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mentioned in the Field Manual for managing human-elephant conflict while exercising statutory powers under Section 11 of the Wild Life (Protection) Act, 1972.

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News Paper "The Hindu" reported on 07.06.2023 that respondent No.3-the Assistant Conservator of Forests, Bandipur Sub-division had captured a wild elephant at Bandipur periphery and that the elephant was proposed to be transferred to Ainuru Marigudi Range of Bandipur Tiger Reserve. Also the report in the news paper "The Indian express" dated 08.06.2021 titled "After Karnataka Villagers protest, wild tusker captured in 5-day operation", was referred to.

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3.1 The petitioner stated that as per the news reports, there was a complaint from the villagers that the animal, which was the elephant, had been doing damage to the crops and property and that a farmer was trampled to death by the elephant. It was reported that the farmers had to abandon their agricultural work. The petitioner stated that capturing and taking into captivity of the elephant was expected to be the last resort by the authorities.

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3.2 It was contended with reference to Section 11 of the Act of 1972 that the powers thereunder were required to be exercised

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judiciously and that the Forest Department has to abide by the Field Manual issued by the Ministry. It was contended on the basis of the provisions of the Manual that the captivity should be the last resort for the elephants. It was stated that the elephants' social and psychological needs are very difficult to fulfil. It was contended that the parameters needs to be set out, to be adopted while determining the question that there was a sufficient cause to order an elephant to be captured and subjected to captivity. It was stressed that the wildlife and the elephants have to be constitutionally and statutorily protected rather than putting them in confinement.

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3.3 It was contended that the Hon'ble Supreme Court in T.N. Govardman Thirumulpad vs. Union of India and others [(2012) 3 SCC 277] , outlined the need for shift from anthropocentric to ecocentric approach in honouring the obligations towards the non-human animals. Idea was further developed by the Hon'ble Supreme Court in Centre for Environmental Law, World Wilde Fund India vs. Union of India [(2013) 8 SCC 234] applying a 'species-best-interest' approach in all matters of animal welfare.

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3.4 It was with such case and submissions that prayers as aforesaid was made that the wild elephants should be immediately radio collared and released.

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In the statement of objections filed on behalf of the State of Karnataka, it was stated that the villagers of Chowdahalli gave a representation dated 24.04.2023 bringing to the notice to the Forest Department that for the last one year, a rogue elephant had strayed from the forest area and during the evenings and in the nights, had been crushing the crops in their agricultural fields, damaging properties, attacking the villagers and thus had caused death of one farmer on 15.06.2022. The entire village was in fear and farmers were unable to go to the agricultural work. The Forest Department thereafter, verified the authenticity of the complaint and since it was found that the villagers had been facing severe hardship and threat to their life and property, spot inspections of different dates on 16.09.2022, 17.10.2022, 15.11.2022 and on 10.12.2022 were carried out.

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4.1 It was stated that since the elephant was taking the villagers

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by surprise, by intruding the agricultural fields and causing severe damage, it was decided to capture the elephant and to send it to

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the Elephant Camp. It was stated that Section 11 of the Act of 1972 empowers to take a decision on the capture and captivity of wild animals. It was further stated that, in light of the above provision, the said order dated 04.06.2023 was passed by assigning reasons for capturing and captivity of the said elephant which was within operational jurisdiction of Kunduker and GS Betta Ranges. It was stated that in order to prevent the loss of property and human life, which had already occurred, it was necessary to capture the elephant and to be shifted to the Elephant Camp.

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4.2 It was stated that the very elephant was captured from Coimbatore by Tamil Nadu Forest Department by an area of Kundukare Range, Gundlupet Sub-division, Bandipura Tiger Reserve and translocated to Gudalure, Tamil Nadu on 07.06.2023 and thereafter was transferred to Rampura Elephant Camp. The said elephant did not stay in the forest, but used to stray in agricultural fields and residential areas within the village limits of Kundukere Range. The name of this elephant was coined as "Akki Raja" by local people, it was stated.

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4.3 In paragraph 8 of the affidavit-in-reply, the following was stated,

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"It is submitted that the wild elephant was captured in Guddekre area of Kundlukere Range, Gundlupete Sub Division of Bandipura Tiger Reserve on 7.6.2023 and transferred to Rampura Elephant Camp as per the orders of Respondent No.2 dated 4.6.2023. The said elephant died at Rampura Elephant Camp on 31.10.2023. The Veterinary Doctor of Bandipura Village attributed the death of elephant as due to severe cardiomegaly and right sided heart failure with fibrosis/cirrhosis of the liver. A post mortem was done on the said elephant and the report revealed that it had a severely enlarged heart weighing 36 Kgs. and a severely enlarged liver with irreversible fibrosis and cirrhosis. Lesions found indicate chronic long standing liver failure and heart ailments which may be attributed to high carbohydrate diet or underlying genetic disease of unknow origin. Tissue samples like stomach contents, portion of liver and portion of intestine were sent for analysis at Regional Forensic Science Laboratory, Karnataka Police Academy Jalpuri, Mysore 570 019."

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4.4 The photographs were produced on record evidencing the post-mortem of the elephant and other pictures.

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Thus, it transpires that the elephant was captured on 07.06.2023 was transferred to Rampura Elephant Camp as per the orders of respondent No.2-the Principal Chief Conservator of Forests for Wildlife and Chief Wildlife Warden, Bengaluru and that the elephant died at Rampura Elephant Camp on 31.10.2023. The post-mortem diagnosis suggested that the elephant had severe enlarged heart weighing 36 Kgs. and enlarged liver with fibrosis etc.

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5.1 The facts go to show that the respondent-authorities were justified in capturing the elephant, who was becoming a serious threat to the villagers and crops of the farmers, who had been intruding into the residential areas and agricultural fields doing allround damage and that it had also pose death of the villagers. The authorities were justified to exercise of power under Section 11 of the Wild Life (Protection) Act,1972, to nab the elephant, who was consigned to the Elephant Camp where he died and the cause of death, was indicated by the Veterinary Doctor, as above.

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