Supreme Court says States cannot obstruct elephant corridors citing crop damage; orders nationwide survey

The Supreme Court on Monday ordered the Union government to conduct a nationwide survey of elephant corridors and submit a report on measures needed to prevent obstacles in wildlife movement [Prerna Singh Bindra and Ors. vs Union of India and Ors]

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said that obstacles cannot be created in elephant corridors merely because of damage to crops.

The Court was hearing a matter concerning obstruction of elephant corridors across several States.

"We are very clear that there cannot be obstacles in the way of wildlife. Elephant herds have a practice of travelling long distances. No State can say that just because crops are getting destroyed, there have to be obstacles in their path," CJI Kant remarked.

The Court noted that while mandatory guidelines already exist to ensure unobstructed elephant corridors through various States, local factors have led to the animal movement being impeded, blocked or obstructed.

It, thus, directed the Ministry of Environment, Forest and Climate Change to conduct a fresh survey of elephant corridors nationwide and submit a comprehensive status report

"We direct the Union of India, the Ministry concerned of the Union of India, to conduct a fresh survey and submit a comprehensive survey report, including the initiatives and necessary steps taken by them to prevent such obstructions," the Court said.

The status report, it added, must also address the position on the use of firearms or other coercive action against elephants.

Earlier, petitioner's counsel submitted that elephants are frequently chased in mob-like situations, which only aggravates the danger.

He pressed for a ban on so-called "hulla parties" used to drive elephant herds away and a ban the use of firearms against their natural movement.

The CJI directed that such measures be taken, and the Court be apprised of the same through the status report.

The matter will be heard again after six weeks.

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