Supreme Court: No state can block elephant corridors, orders fresh survey
The Supreme Court on Monday directed the Ministry of Environment, Forests and Climate Change (MoEFCC) to conduct a nationwide survey to identify obstacles or blockades in elephant corridors, making it clear that no state can construct such barriers in the path of wildlife.
A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana said that construction of any kind of obstacle or creating blockades in elephant corridors is not acceptable. The court emphasised that elephant herds travel long distances as a natural practice, and no state can justify obstructing their path merely because crops are being destroyed.
The observation came during a hearing on a plea related to human-elephant conflict. The Bench noted that in West Bengal, the practice of using fireballs and spikes to drive away elephants is prevalent, as herds move from Nepal through West Bengal to Jharkhand and other states. Chief Justice Kant also pointed out that elephants in the Yamuna Nagar area of Haryana travel to Uttarakhand and Himachal Pradesh, and no state can block their path.
The top court barred the use of fireballs or mashaals (torches) to chase away elephants and directed state authorities to implement its directions. It also asked the Centre to submit a comprehensive survey report within six weeks, including steps taken to prevent obstructions in elephant corridors.
The court observed that while mandatory guidelines already exist to ensure seamless and unobstructed elephant corridors passing through different states, local factors have impeded, blocked, or obstructed these corridors. The status report must also detail the position on the use of fireballs, mashaals, or any other coercive action against wildlife.
The petition was filed by activist Prerna Singh Bindra and others. Their counsel argued that elephant herds are being chased in a mob-like manner, which aggravates the conflict. They sought steps to prevent the use of firearms, fireballs, and mashaals against the natural movement of elephants.
The Bench said such measures must be taken and asked to be apprised through the status report within six weeks. The hearing also touched on a contempt plea filed against West Bengal authorities for allegedly violating earlier court orders.
On November 14, 2024, the Supreme Court had agreed to hear the contempt plea seeking action for alleged violation of its orders asking state authorities to desist from using fireballs to drive elephants near human habitation or croplands. The court had issued a notice to West Bengal's Principal Chief Conservator of Forests (Head of Forest Force) and posted the matter for hearing after four weeks.
The petitioners referred to the apex court's orders of August 1, 2018 and December 4, 2018, which highlighted cruel methods used in some states to manage human-wildlife conflict, particularly human-elephant conflict. The contempt plea, filed through advocate Shibani Ghosh, noted that the August 1, 2018 order directed states to remove spikes and desist from using fireballs to drive elephants.
The plea stated that despite clear directions to West Bengal to desist from using fireballs except as an emergency measure for a limited period, the practice of using such techniques to scare and chase elephants continues. The court's latest directive seeks to ensure compliance and protect elephant corridors across the country.
