{"id":347336,"date":"2025-05-08T09:00:51","date_gmt":"2025-05-08T03:30:51","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=347336"},"modified":"2025-05-15T09:33:52","modified_gmt":"2025-05-15T04:03:52","slug":"directions-issued-to-minimise-death-of-elephants-by-electrocution-karnataka-hc-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/05\/08\/directions-issued-to-minimise-death-of-elephants-by-electrocution-karnataka-hc-legal-news\/","title":{"rendered":"Karnataka High Court issues directions to minimize the risk of elephants succumbing to death by electrocution"},"content":{"rendered":"
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Karnataka High Court:<\/span> 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.<\/p>\n

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.<\/p>\n

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<\/span>’ in the Concurrent list of the Constitution<\/a>. 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.<\/p>\n

The Court further stated that Articles 21<\/a>, 48-A<\/a> and 51-A(g)<\/a> of the Constitution<\/a> 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.<\/p>\n

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.<\/p>\n

“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”.<\/p>\n

Directions issued by the Court:<\/h3>\n

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:<\/p>\n