In order to ensure that human-elephant conflict is minimized, forest area is maintained and encroachment is removed, the Gauhati High Court has given certain guidelines to the state government.
The Division Bench of Chief Justice RM Chhaya and Justice Soumitra Saikia disposed of a PIL suo motu regarding the encroachment of forest lands in the Goalpara Forest Division.
This is based on a letter written by wildlife lover Pranab Jyoti Sarma to the Chief Justice of the High Court. The letter states that the wild elephants in the Goalpara Forest Division and their habitats are in danger. It is alleged that the disbelievers killed wild elephants in a brutal and barbaric manner, stripping them of their precious tusks and flesh. It is also alleged that these miscreants killed deer and other animals. It is also alleged that in the Forestry Division of Goalpara, miscreants are adopting dangerous tactics to drive elephants out of forest areas by soaking jute sacks in liquid bitumen and applying fire to them to throw them at wandering elephants. causing injury to these elephants. It is also alleged that to kill wild elephants, tactics such as high voltage electric wires and poison are used.
The letter also states that wild elephant victims are found on railway tracks and that up to 200 tusks have been killed in such cases in Assam alone. It is also alleged that the state has also declared numerous sensitive areas where the risk of collision with giant trains is increased. It is also alleged that there have been widespread illegal encroachments for about 25 years and the destruction of forest areas has increased. It is also alleged that due to the deforestation of some areas of the forest reserve and the establishment of tea and rubber gardens, the entry of wild elephants and other animals is restricted. It is also alleged that the government of Assam along with the central government decided to destroy the forest area including the elephant habitats. This Court considered these serious allegations and the letter was registered under the name of Suo Moto PIL.
The author of the letter has also attached color photographs as well as press clippings from vernacular newspapers and information obtained by him through RTI to support his claims made in the letter which is treated as Suo Moto PIL.
In response to the opinion issued by the High Court, the defendants filed an opposing affidavit on 10.08.2022 through the Divisional Forestry Officer (Defendant #3), Division of Goalpara. Respondent 3 argues that the statement in the letter that 200 elephants died at the hands of illegal encroachments and miscreants is incorrect and it is argued that the majority of elephant deaths are due to natural causes or to veterinary diseases.
According to the respondents, on the contrary, 311 people lost their lives due to attacks by wild animals. Respondents also argue that there is no permanent wild elephant reserve in Goalpara division and that in fact most elephants migrate from neighboring Meghalaya state in search of food and shelter. shelter for just a few days and during certain isolated incidents, such as migrating elephants coming to confront the human population. Defendants testified before this Court that a 24-hour vigilant rapid action team is formed for awareness campaigns, watchtowers, etc. human-elephant conflict in the Goalpara division.
It is also claimed that in order to avoid any deaths of elephants by electrocution at the hands of miscreants, the Forestry Department in cooperation with the Civil and Police Administration maintains a round-the-clock watch to contain such incidents and satisfactory results have been obtained. It is also claimed that with the help of the civil administration and the police, eviction campaigns are being undertaken. However, it is stated that the encroachment is on a large scale and therefore eviction campaigns with the help of the civil and police administration must be undertaken. It is also contended by the Respondent Authorities that while proceeding with the expansion of the National Highway No. 37 specially in some areas which form the Elephant Corridor, it is suggested that flyovers can be constructed to stop any loss of wildlife and CCTV cameras, recovery and restoration of vehicles are also requested to be provided for the protection and control of elephants.
It is further argued that even for the expansion of National Road No. 37, the suggestions made in the report dated 07.02.2022 have been taken into consideration and the proposal should be submitted with certain modifications to reduce the degree of loss of forest cover. and to protect the elephant population by maintaining existing elephant corridors through the construction of underpasses, viaducts, etc.
A further opposing affidavit was filed by the Principal Chief Conservator of Forest (Wildlife), Assam (Defendant #2) in which it is stated that steps are being taken to stem the human-elephant conflict.
It is also found that 25.67% of the forest area is in the form of encroachment in the form of habitation or agricultural activity for which evictions are from time to time carried out in order to maintain the free movement of elephants from a plot to another. The affidavit also indicates the photographs of the measures taken to eradicate and/or prevent human-elephant conflicts and for the maintenance of the forest.
Considering both the opposing affidavits filed by Respondents Nos. 2 and 3, respectively, the High Court held that the authorities of the Respondent State were, however, taking certain steps to ensure that the human-elephant conflict was minimized and that the forest area is maintained and encroachment is removed, the following guidelines are worth giving;
i) The State Government in the Department of Environment and Forestry should adhere to and continue the measures it has already initiated in order to limit any harm or loss of life to wild elephants and human beings.
(ii) The State Government is further instructed to form a special task force headed by the Principal Chief Conservator of Forests, which would include the Divisional Forest Officer as well as the Superintendent of Police and Deputy District Commissioner of Goalpara as members of this task. force which must watch the marches permanently.
iii) The Goalpara District Development Commissioner and the Goalpara Divisional Forest Officer shall conduct an investigation of the encroachment made in the forest area within 3 (three) months from the date of receipt of the copy of this decree and must immediately initiate expulsion measures. of such unlawful encroachment according to law. However, it is specified that during expulsion campaigns, the authorities must follow due process.
iv) The Respondent Authorities should establish veterinary treatment facilities for injured elephants at Goalpara District Headquarters,
v) It would be the responsibility of the Principal Chief Conservator of Forests and Head of Forest Force, Assam, Respondent #2, to implement the above instructions.
