States can’t block elephant corridors over crop damage: Supreme Court

“We have been informed that there are mandatory guidelines issued by the Ministry of Environment, Forest, Climate Change and Wildlife to ensure seamless and unobstructed elephant corridors passing through different States. However, owing to certain local factors, the elephant corridors have been impeded, choked, blocked, or obstructed…”, the bench said in its order directing a fresh survey.

The top court also asked the Centre to submit a comprehensive survey report detailing the necessary steps and initiatives taken by them to prevent such obstructions.

The counsel for applicant pointed out that fireballs are thrown, mashaals used and aggressive groups known as “Hulla parties” are formed to scare the pachyderms. The counsel also pointed to rising instances of human-animal conflict in West Bengal.

Justice Bagchi said, “There is a pathway from Nepal and the northern hills of North Bengal through which herds of elephants move into Odisha and Chhattisgarh. Now, Odisha and Chhattisgarh have constructed walls to prevent the elephants from entering.”

The court directed that status report be filed addressing the issue of use of firearms or other coercive action against the animals.

The CJI pointed out that the Union Environment Ministry has an expert body and asked what they are recommending. He said the guidelines laid down by them are not mere words but are ought to be followed. “Which State is non-compliant, and why are they not complying? Have you undertaken any such study?” the CJI asked Additional Solicitor General Aishwarya Bhati, who appeared for the Centre. Bhati submitted, “In 2023, we carried out an inspection and filed a status report. We can execute a fresh exercise.”

The court said the matter will be heard after six weeks.