Case Note & Summary
The High Court of Karnataka at Bengaluru, presided by Chief Justice N.V. Anjaria and Justice M.I. Arun, delivered a judgment in a suo motu public interest litigation arising from the electrocution death of an elephant named Ashwathamma on 11th June 2024 in Mysuru. The incident was reported in the Bangalore Mirror newspaper on 13th June 2024. The Court took cognizance of the matter and issued notices to the Union of India, State of Karnataka, and forest authorities. The Court noted that elephants are revered in Karnataka and are intelligent animals, and their unnatural deaths are a matter of serious concern. The Court referred to the Supreme Court's observations on the threat to elephant species due to land use conflicts. The Court directed the respondents to file reports on measures taken to prevent electrocution of wild animals, including installation of insulated power lines, creation of wildlife corridors, and formation of a committee to monitor compliance. The Court also directed the State to ensure that all power lines in forest areas are insulated and that proper signage and warning systems are in place. The judgment emphasized the constitutional and statutory duty of the State to protect wildlife under Article 51A(g) of the Constitution and the Wildlife Protection Act, 1972. The Court disposed of the petition with directions to the respondents to take immediate and effective steps to prevent such incidents in the future.
Headnote
A) Public Interest Litigation - Wildlife Protection - Electrocution of Elephant - Suo Motu Cognizance - The High Court took suo motu cognizance of a news report about the death of an elephant named Ashwathamma due to electrocution on 11th June 2024 in Mysuru. The Court issued directions to the State and Union of India to take preventive measures, including installation of insulated power lines, creation of wildlife corridors, and formation of a committee to monitor compliance. (Paras 1-10) B) Wildlife Protection - Prevention of Unnatural Deaths - Duty of State - The Court held that the State has a constitutional and statutory duty to protect wildlife under Article 51A(g) of the Constitution and the Wildlife Protection Act, 1972. The Court directed the respondents to submit reports on steps taken to prevent electrocution of wild animals and to ensure safe passage for wildlife. (Paras 2-8) C) Environmental Law - Climate Change - Conservation of Elephants - The Court emphasized the cultural and ecological significance of elephants and the need to protect their habitat. It referred to the Supreme Court's observations on the threat to elephant species due to land use conflicts. (Paras 2-3)
Issue of Consideration
Whether the State authorities have taken adequate measures to prevent unnatural deaths of wild animals, particularly elephants, due to electrocution and other hazards, and what directions should be issued to ensure wildlife protection.
Final Decision
The Court disposed of the petition with directions to the respondents to take immediate and effective steps to prevent electrocution of wild animals, including installation of insulated power lines, creation of wildlife corridors, and formation of a committee to monitor compliance. The Court also directed the State to ensure that all power lines in forest areas are insulated and that proper signage and warning systems are in place.
Law Points
- Public Interest Litigation
- Wildlife Protection
- Electrocution of Wild Animals
- Duty of State to Protect Wildlife
- Articles 226 and 227 of Constitution of India
