Karnataka High Court: While considering the instant petition concerning death of elephants by electrocution and by other unnecessary causes; the Division Bench of N.V. Anjaria, CJ and M.I. Arun, J., held that 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 elephants succumbing to death by electrocution. The Court said that 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. Hence the Court issued certain directions, holding that these measures must be taken steadfastly.
While deliberating over the matter, the Court took note of several news articles which have covered the death of several elephants either via electrocution or falling in ditches. The Court also took note of the measures taken by the departments concerned and several directions issued by the Central Government, various State Governments and Supreme Court through the years.
The Court explained that preserving and protecting the nature, wildlife and the elephants is a statutory and constitutional enjoinment and imperative. The State Government is empowered to undertake the measures for protection of forests and the wildlife, which are within its territory by virtue of Entries 17-A titled ‘Forest’ and 17-B titled ‘Protection of Wild Animals and Birds’ in the Concurrent list of the Constitution. The State Government is also vested with the powers under the Wildlife Act to notify the sanctuaries and protected areas as one of the measures to protect the wildlife and the forest.
The Court further stated that Articles 21, 48-A and 51-A(g) of the Constitution operate jointly to give a mandate to the State to protect and improve the environment, to maintain the ecosystem and to extend the safeguard and safeguarding measures to the forest and wildlife.
The Court said that as part of law emanating from the aforementioned Constitutional provisions, the Constitutional Courts have recognized what is known as ‘Precautionary Principle’. 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. 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.
“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”.
Directions issued by the Court:
With the afore-stated analysis, the Court thus deemed it fit to issue the following directions. The Court clarified that the following directions are not exhaustive:
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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.
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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.
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Task Force recommendations dated 16-5-2019 on ecofriendly measures to mitigate impact of power transmission lines and other power infrastructure on elephants and on wildlife, should be implemented.
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The guidelines from the Ministry of Environment, Forest and Climate Change dated 24-10-2016 about laying of transmission lines through forest areas should be implemented and its implementation shall be monitored.
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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.
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The habitats of the elephants and the elephant corridors should be regulated on this count.
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The sagging electrical lines cause greater threat in the hilly regions. This happens due to maintenance of the power lines or on account of non-observation of norms for minimum height for the terrain and for the steeper areas as fixed by the National Board for Wildlife. These norms should be adhered to for continuous maintenance.
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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.
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The unauthorised illegal fences erected by the farmers often become a cause for the elephants to come into contact and suffer electrocution. Such illegal unauthorised electrical fences should not be permitted by the authorities and should be replaced by the scientific and protective barricades in such areas where farmers grow their crops or where there are residential colonies.
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The norms for erecting electrical cables and telecommunication towers should be scrupulously observed. The underground cabling in the eco-sensitive zones should be promoted.
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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.
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The data collection in respect of all the above should be a continuous process. Anti-poaching camps, rapid response teams, anti-depredation camps and regularly patrolling of the forest area and the areas prone to such incidents of the accidental deaths of elephants by electrocution or otherwise should be patrolled regularly.
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To ensure safe elephant movement, overpass at the places desired should be constructed which would help to mitigate the accidents to the elephants.
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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 cameras. Such systems should be extended to all the wildlife areas and human habitat areas, wherever necessary.
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Radio collaring to the animals is one of the method to keep track of the movements of the animals including the elephants.
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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. The investigation process should be expeditious.
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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.
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All the directions issued by the Supreme Court regarding conservation of wildlife including elephants shall be complied for the purpose of their proper and effective implementation.
[High Court of Karnataka v. Union of India, Writ Petition No. 16219 of 2024, decided on 26-4-2025]
Advocates who appeared in this case :
Petitioners: SRI PUTTIGE R. RAMESH., SENIOR ADVOCATE/ AMICUS CURIAE
Respondents: SRI A. ARVIND KAMATH, ASGI A/W SRI H. SHANTHI BHUSHAN, DSGI FOR R-1, SRI KIRAN V. RON, AAG A/W SMT. NILOUFER AKBAR, AGA FOR R-2 TO R-5 & R-12, SRI H.V. DEVARAJA, ADVOCATE FOR R-6 & SRI PRASHANT T. PANDIT, ADVOCATE FOR R-11
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