Calcutta High Court sets up 'Humane Committees' to act against 'shikar utsav'; says killing animals for pleasure as heinous as murder

The senseless killing of animals in the wild for pleasure or as a show of prowess is as heinous as the offence of murder, the Calcutta High Court recently opined while dealing with a case concerning ritualistic hunting festivals known as 'shikhar utsav' [Human & Environment Alliance League & Anr. v. Mr. Debal Ray, Principal Chief Conservator of Forests & Ors]..The Court, therefore, ordered formation of 'Humane Committee' to tackle the issue. A division bench of Justices Arijit Banerjee and Apurba Sinha Ray was hearing a case involving measures for the welfare of wild animals protected under the Wild Life (Protection) Act, 1972 and, particularly, to curb the ritualistic hunting of animals..The Court emphasised that wild animals have a right to peacefully co-exist with humans and expressed a note of anguish over such animals not being able to speak up against the torture they may face at the hands of human beings.."Senseless killing of animals in the wild for pleasure and in purported show of false prowess is in our opinion, as heinous and culpable a crime as the offence of murder under Section 302 of the Indian Penal Code. The animals in the forests do not interfere with the lives of human beings as long as they are left alone to live their lives in their natural surroundings. They may retaliate in self-defense and justifiably so, when humans unjustifiably intrude and trespass into their territory and disrupt or destroy their habitat. They have a right to peaceful co-existence with Homo Sapiens in this planet. They don’t have a voice to ventilate their pain and agony which they suffer by reason of the torture they are subjected to,” the order stated..The Court further commented that it is important that the environment, the forest and the wild life at large are protected and preserved.“This is not only because the humans must act with humanity. This is also necessary for maintaining the ecological balance without which Mother Earth will not survive resulting in annihilation of all kinds of life in the planet,” the bench added..Hence, it ordered the constitution of a “Humane Committee” in five districts of West Bengal where such animal hunting, by tribal as well as non-tribal people, was alleged to be taking place, especially during “shikar utsavs” (hunting festivals). These districts are Paschim Medinipur, Bakura, Purulia, Jhargram and Mursidabad. .The Court directed the committee to implement measures to protect wild animals in the forests from being killed indiscriminately whether it is during hunting festivals or otherwise..The members of the committee include the District Judge, the District Magistrate, the Superintendent of police, the Divisional Forest Officer, the Chief Conservator of Forests, the Member-Secretary of the District Legal Services Authority (Convenor), the Public Prosecutor, the Wildlife Warden, and one person from a tribal community to be nominated by the District Judge in consultation with other members. Further, the Court also ordered the Divisional Security Commissioner of the Railway Protection Force concerned and environmental activist, Tiasa Adhya, to be members of the committee..The Court directed the committee to hold a preliminary meeting as soon as possible, preferably within two weeks, and to place a report before the Court on the measures intended to be taken by them..An illustrative list on measures that could be carried out by the committee was recorded in the order, based on suggestions earlier made by the petitioner who had filed the 2019 public interest litigation (PIL) on the issue. .These measures included sensitising the local communities on animal hunting being illegal, the immediate arrest of those found hunting in the forest, establishing check posts, imposing curfews during hunting festival times etc..The order was passed in a contempt petition filed over the failure to properly implement an April 2019 judgment of the High Court on this issue. .The matter has been kept pending so that the Court can monitor how the “Humane Committees” will perform its task. The case will be heard next on March 30, 2023..Senior advocate Siddhartha Mitra appeared for the petitioner. Advocates Siddhartha Lahiri, Sirsanya Bandopadhyay, and Arka Kumar Nag appeared for various respondents. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.