Elephants’ Conservation Necessary For Human Life Sustenance: Karnataka High Court Issues Directions For Preventing Their Deaths By Electrocution

The Karnataka High Court has issued certain directions for minimizing the risk of the elephants succumbing to death by electrocution.

The Court took cognizance of the issue based on a news-item, in exercise of suo motu powers under Article 226 of the Constitution.

A Division Bench comprising Chief Justice N.V. Anjaria and Justice M.I. Arun observed, “Anything attached to the Nature, or part of the Nature and which is a specie of the Nature whether in the form of flora, fauna, all wildlife including Elephant, have invariable, inseparable and inextricably interwoven co-existence with the humankind. Their conservation, protection and preserving is necessary for ensuring the sustenance of human life.”

The Bench said that preserving and protecting the nature, wildlife and the elephants is a statutory and constitutional enjoinment and imperative.

Senior Advocate Puttige R. Ramesh was appointed as the Amicus Curiae and ASGI A. Arvind Kamath appeared for the Respondents.

Background

One elephant namely ‘Ashwathamma’ died due to electrocution on June 11, 2024. The elephant was a recent and one more victim of unnatural death which occurred in Mysuru. The unforeseen mishap was reported in news-daily ‘Bangalore Mirror’ of Thursday dated June 13, 2024. Taking cognizance of the news-item, in exercise of suo motu powers, the High Court passed an Order on June 14, 2024, registering Public Interest Petition.

The Registrar General of the High Court registered suo motu Writ Petition observing that the report in the newspaper was about an anxious event. It was stated that after the incident of Ashwathamma at Mysuru, one more death of elephant was reported from Chikkamagaluru District. Two further deaths of elephants in Madikeri District came to knowledge.

Court’s Observations

The Court in the above context, remarked, “The event was stirring for the constitutional court committed to preservation of ecologically compatible climate in general and for protection of wildlife in particular. In the State of Karnataka and also elsewhere, the elephants are treated as an animal-God. They are intelligent animals. An elephant is friend of man.”

The Court noted that it is the duty of every citizen individually, of the society collectively and of the governments under Constitution obligation, to protect and improve the natural environment, to preserve the forest and wildlife and to show the compassion to the living creatures and, therefore, taking measures for conservation, protection and promotion to the healthy habitat for the elephants and thereby to lend inclusivity in human-cum-ecosystem is a duty, societal obligation and Constitutional mandate.

“… it is essential that the competent authorities commit themselves to conserve and preserve the animal-asset-elephant to minimize, avoid and obliterate the risk of the elephants succumbing to death by electrocution. Ensuring that the elephants are kept away from the risk of electrocution is in the hands of Forest Department and measures which could be taken in that regard are under their control. These measures have to be steadfastly taken”, it added.

Court’s Directions

The Court, therefore, issued the following directions –

(i) Authorities should identify and map the risk areas where there is possibility of mishaps on account of sagging power lines and illegal electrical fences which may have come up unauthorisedly within the elephant habitats and fringe areas.

(ii) The area-wise investigating committees shall be formed by the Chief Conservator of Forests for different forests circles, who shall identify the risk areas periodically.

(iii) The task force recommendations shall be implemented.

(iv) The 2016 guidelines from the Ministry of Environment, Forest and Climate Change with regard to laying of transmission lines through forest areas should be implemented and its implementation shall be monitored.

(v) The forest authorities shall act in co-ordination with the Energy Department for checking the sagging electrical lines and ensure that proper maintenance is made to see that they remain adequate height for the safety of the elephants.

(vi) The habitats of the elephants and the elephants’ corridors should be regulated on this count.

(vii) There should be evolved and effective mechanism to check, prevent and destroy illegal electrical fences which the farmers create for their agricultural fields located near the forest land to prevent the elephants entering into their fields.

(viii) The norms for erecting electrical cables and telecommunication towers should be scrupulously observed.

(ix) The authorities should undertake the community awareness programmes to educate the rural people and community persons as well as the farmers about the illegal electrical fences as also the importance of protection of elephants, who are part of human existence.

(x) The data collection in respect of all the above should be a continuous process.

(xi) The authorities shall use advanced technical inventions including e-surveillance system which is stated to be a pilot project undertaken in the Nagarahole Tiger Reserve by using artificial intelligence software and CCTV cameral which provides alters about wildlife and human movements.

(xii) Legal action should be taken whenever, police complaints are lodged for violation of the Wildlife (Protection) Act, 1972, Electricity Act, 2003 and other applicable laws.

(xiii) The liability on the officers and employees of the Forest Department for their negligence and dereliction of duty shall be fixed wherever, it is found that there is an element of human negligence which cause the death of elephants.

Accordingly, the High Court issued the necessary directions.

Cause Title- High Court of Karnataka v. The Union of India & Ors. (Neutral Citation: 2025:KHC:17549-DB)

Appearance:

Petitioner: Senior Advocate Puttige R. Ramesh

Respondents: ASGI A. Arvind Kamath, DSGI H. Shanthi Bhushan, AAG Kiran V. Ron, AGA Niloufer Akbar, Advocates H.V. Devaraja, and Prashant T. Pandit.

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