SC Rules Elephant Corridors Cannot Be Blocked, Orders Fresh Nationwide Survey

The Supreme Court on Monday ruled that there can be no obstacles to the movement of elephants across state borders, ordering the Union government to conduct a fresh survey to identify states that have built walls or dug trenches on inter-state migration corridors.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana stated that blocking elephant corridors is unacceptable. "There can be no obstacle, no blockade or impediment in the movement of elephants from one state to another. It is unacceptable," the bench observed while hearing a plea filed by conservationist Prerna Singh Bindra seeking protection of elephant corridors in West Bengal.

The court directed Additional Solicitor General Aishwarya Bhati to convey its concern to the Ministry of Environment and Forest, which has been asked to conduct a survey on the status of elephant corridors across different states. The bench highlighted the specific issue in Bengal: herds of elephants from Nepal and north Bengal move into Odisha and Chhattisgarh, but these two states have erected walls on their migratory path.

Chief Justice Kant said the creation of such impediments was unacceptable and that states cannot evade responsibility for maintaining elephant corridors merely because of damage to crops, complaints from farmers, or hardship to villagers. "The solution is not blocking the elephant corridors but lies somewhere else," he added.

The court's observations apply to all states, as elephant corridors are spread across several regions in India. The fresh survey will assess the status of these corridors nationwide and identify any obstructions that violate the existing guidelines.

Elephant corridors are vital for the species as they enable safe passage between habitats, ensuring access to food, water, and breeding grounds. They also help reduce human-elephant conflict and maintain genetic diversity across populations. The court's directive underscores that these corridors must remain accessible for the long-term survival of Asian elephants.

The court emphasised that the ministry's guidelines on maintaining elephant corridors must be followed mandatorily. When Additional Solicitor General Bhati informed the court that a survey was conducted in 2023, the court asked the government to conduct a fresh one to assess the current situation. The 2023 survey, while comprehensive at the time, may not reflect recent developments, the court noted.

Justice Bagchi called for synergy between states, pointing out that elephant corridors are not state-specific as elephants travel across states. The Chief Justice questioned how any state could block traditional migration routes that have existed for generations.

Earlier, the Ministry of Environment and Forest had issued guidelines for the management of elephant corridors, requiring states to keep them free of barriers. The court reiterated that these guidelines are binding and that failure to comply could invite action.

The court gave the government eight weeks to submit a status report on the fresh survey. The report must also indicate the status of the implementation of the ban on using firearms, explosives, or fire torches to divert elephant herds from their natural migration routes.

The ruling clarifies that state governments are responsible for addressing the challenges posed by elephant movement through measures other than physical barriers. The findings of the fresh survey will determine whether further action is required against states that violate the mandate.