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‘Human-elephant conflict a major challenge’; HC allows capture of 10-year-old wild elephant, its temporary translocation to Vantara in Gujarat

The Bombay High Court’s Kolhapur bench has allowed the capture of a 10-year-old wild elephant, Omkar, directing that the animal’s welfare be overseen by Gujarat’s Vantara facility until a high-powered committee submits its recommendations.

A high-powered committee will decide whether the elephant is best suited for release or managed captivity.The Bombay High Court has allowed the capture of wild elephant Omkar and directed that Vantara oversee its welfare pending expert review. (Representative Photo)

The Kolhapur bench of the Bombay High Court last week permitted the capture of a 10-year-old wild elephant named Omkar, directing that all necessary precautions be taken to avoid harm or trauma to the animal. The court also said that ‘Vantara’ in Gujarat shall oversee the elephant’s welfare and training until a high-powered committee submits its report.

As reported by The Indian Express in September, the subadult male elephant was earlier seen roaming in North Goa and later in Maharashtra after being separated from its six-member herd in Sindhudurg district. It was found ransacking paddy fields and foraging for coconuts, arecanuts and bananas.

A petitioner opposing the “unsuitable” rehabilitation to Vantara argued that the elephant, born and raised in the forests of the Western Ghats in the Sahyadri range, had naturally migrated to Maharashtra from Karnataka.
The state government had said the elephant posed a grave threat to human life and property, and it had become necessary to shift it to Vantara in Gujarat’s Jamnagar, run by the Radhe Krishna Temple Elephant Welfare Trust (RKTWET), for training given its “immature age”.

A bench of Justices Makarand S Karnik and Ajit  B Kadethankar on November 12 passed an order on a PIL by Rohit Prakash Kamble, a lecturer at  Dr Babasaheb Ambedkar Technological University, Lonere, challenging state’s decision to rehabilitate the elephant at Vantara.

The petitioner and the intervenor raised concerns over welfare and safety of the elephant and stated that wild elephants enter residential areas due to deforestation, encroachment, mining, and absence of green corridors. It claimed the proposed rehabilitation at Vantara was illegal and unconstitutional. They contended that captivity would destroy the elephant’s natural instincts and habits, and that Gujarat’s hot, dry climate and lack of native elephants make Vantara unsuitable and the impugned decision ignored these factors.

The Forest Department, represented by Advocate T J Kapre, argued that Vantara was the only facility willing to shelter, train, and rehabilitate Omkar. The government cited his aggressive behaviour, including killing a man in Dodamarg, Sindhudurg, in April this year, and said his erratic movements were caused by the absence of a mentor elephant, posing risks to both the animal and the public.

The HC observed in its order that “elephants play a crucial ecological role as keystone species, meaning their activities shape and sustain the environments they inhabit “and “their feeding, movement, and social behaviours have wide-reaching effects on the ecology of their habitat.”

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Noting that elephants are classified as “endangered” in India, the bench observed that their “population in India is under constant pressure from habitat loss, fragmentation, and human–elephant conflict.” The court said, “It thus becomes crucial to protect the elephant species to ensure the sustenance and balance of the forest ecology.”

Justice Karnik, writing for bench, emphasised that “human-elephant conflict” remains “major conservation and livelihood challenge arising from the overlap between expanding human land use and elephant habitats.” The bench added,” As forests and grasslands are converted into farms and settlements, elephants often enter agricultural areas in search of food, leading to crop damage, property loss, often resulting in human casualties.”

“These conflicts have both ecological and socio-economic costs,” the court noted. “Small farmers face severe losses, wild animals are displaced or killed, reducing genetic diversity and habitat connectivity, which adversely affects vulnerable and endangered species,” the court said.

The court directed the state government to submit a proposal for the elephant’s temporary translocation and long-term relocation plan to the high-powered committee.

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Posting further hearing to November 24, the bench directed the committee to examine the issue and recommend the “best course of action” for temporary release of the elephant in the wild or in captivity, preferably within two weeks of receiving the state’s proposal.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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