Blocking Corridors Can't Be A Solution: Apex Court Orders Fresh Survey Of Elephant Corridors, Asks Centre To Consider Ban On Fireballs And Hulla Parties

The Supreme Court heard the issue of human-elephant conflict, focusing on the obstruction of traditional elephant corridors and the use of violent drive-out methods such as Hulla parties.

Expressing concern over the disruption of inter-State migratory pathways, the Bench directed the Union of India to conduct a comprehensive fresh survey of elephant corridors across the country and issue strict compliance directives to the concerned States.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana ordered, "We have been informed that there are mandatory guidelines issued by the Ministry of Environment, Forest, Climate Change and Wildlife to ensure seamless and unobstructed elephant corridors passing through different States. However, owing to certain local factors, the elephant corridors have been impeded, choked, blocked, or obstructed...We, therefore, direct the Union of India, through the Ministry concerned, to conduct a fresh survey and submit a comprehensive survey report detailing the necessary steps and initiatives taken by them to prevent such obstructions...The status report shall also point out the prohibition on the use of fireballs, mashaals, or any other coercive action used to divert or interfere with the natural movement of elephants. A specific ban on Hulla parties and similar measures is required in this regard. The Court shall be apprised of such calculated measures through the status report..."

ASG Aishwarya Singh Bhati appeared for the Union.

Counsel appearing for the applicant highlighted the practice of using fireballs, mashaals (torches), and aggressive mob-like groups known as Hulla parties to chase wild elephants. The advocate submitted that an Interlocutory Application (I.A. No. 80746 of 2026) was specifically filed regarding the situation in West Bengal, where local practices exacerbate conflict despite existing guidelines issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) and recommendations under the Gajah report.

The Applicant submitted, "This is a case concerning this really cruel practice of treating wild elephants in a horrible manner. Fireballs are thrown at them. There is no doubt that this human-elephant conflict is a very unfortunate situation. This matter has been ongoing since 2018, and clear orders have been issued by the Court. In fact, there are Ministry guidelines which do not permit this kind of activity, and an undertaking has been given."

Justice Bagchi said, "There is a pathway from Nepal and the northern hills of North Bengal through which herds of elephants move into Odisha and Chhattisgarh. Now, Odisha and Chhattisgarh have constructed walls to prevent the elephants from entering."

Chief Justice Kant asked the Union, "The Ministry has an expert body and the assistance of experts. What do they recommend? Whatever guidelines they have laid down are not mere words—for us, those are mandatory compliances that must be followed. Which State is non-compliant, and why are they not complying? Have you undertaken any such study?"

To which ASG Bhati replied, "In 2023 we carried out an inspection and filed a status report. We can execute a fresh exercise."

The Court remarked, "Unless you get a survey conducted... no obstacle or blockade in an elephant corridor is acceptable. We are very clear about that, and it is your responsibility. Please get a survey conducted to determine what is happening. A State cannot escape accountability like this. Crops get damaged, farmers demand action, and villagers are afraid. While those may be the underlying causes, the solutions must be entirely different—blocking corridors cannot be the solution."

The Bench emphasized that while crop damage and safety concerns of local villagers are real challenges, blocking traditional corridors or using physical force cannot serve as a legally sustainable solution.

In November, 2024, the Court had issued notice to the state of West Bengal on a Contempt Petition alleging that it continues to use inhumane methods to ward off elephants from human-populated areas, breaching an undertaking given to the Court.

The petition claimed "wilful disobedience" of the undertaking given by the state in that it would not use spikes and would only use mashaals, which are fire-tipped iron rods, in emergency situations.

The Petitioner placed photographs showing that the State continues to deploy these methods.

In its Order passed on September 8, 2018, a two-Judge Bench had said, "Wherever the spikes or fireballs are used for driving elephants, remedial steps should be taken by the concerned States for removing the spikes and desisting from using the fireballs."

The original Writ Petition was filed in 2018 to highlight the "cruel and torturous" methods used in four states – Karnataka, West Bengal, Jharkhand, and Odisha – to manage human-wildlife conflict, and in particular human-elephant conflict in the affected areas. 

In October 2017, the Ministry of Environment, Forest and Climate Change issued the Guidelines for Management of Human Elephant Conflicts recognising that commonly used repellant methods include emitting loud noises and crackers and using electric torches, kerosene, mashaals and swinging fireballs. It says that 'new repellant methods' include emitting bee sounds, sounds by predators such as tigers and using drones.

Accordingly, the matter will now be taken up after eight weeks.

Cause Title: Prerna Singh Bindra v. Union of India [Writ Petition (Civil) 489/2018]