Case Note & Summary
The case involved a public interest litigation filed by activists seeking enforcement of the Wildlife (Protection) Act, 1972 against the villagers of Battis Shirala, Sangli district, who annually captured Indian Cobras and Dhamans for the Nagpanchami festival. The petitioners in the PIL alleged that approximately 800-1000 snakes were hunted and confined in inhumane conditions for 20-30 days, then displayed in processions and subjected to cruelty for public entertainment and profit. The Gramsabha of Battis Shirala filed a writ petition challenging the constitutional validity of Section 2(16) of the Act, contending that temporary capture for worship was an essential religious practice protected under Articles 25 and 26 of the Constitution. The State government acknowledged the practice and suggested that immediate arrests would be effective but difficult due to potential law and order situations on festival day. The court examined the definition of hunting under Section 2(16), which includes any act of capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal. It held that the duration of capture is irrelevant; even temporary capture constitutes hunting. Indian Cobras and Dhamans were identified as wild animals listed in Part II of Schedule II, and Section 9 imposed a complete prohibition on their hunting. The court noted that the exceptions under Sections 11 and 12 were not applicable to these species. On the constitutional challenge, the court considered the arguments under Articles 25 and 26 but did not find the Act's provisions to be in violation of religious freedom, as the Act aims to protect wildlife and maintain ecological security. The court directed the enforcement of the Act's provisions, including Sections 50 and 51, to prevent the illegal capture and exhibition of snakes during the Nagpanchami festival.
Headnote
A) Wildlife Protection - Definition of Hunting - Wildlife (Protection) Act, 1972, Section 2(16) - Temporary capture of wild animals constitutes hunting - The court interpreted that 'hunting' includes any act of capturing, regardless of duration or intent, and that capturing snakes for a temporary period during a festival falls within this definition (Paras 7-8).
B) Wildlife Protection - Prohibition of Hunting - Wildlife (Protection) Act, 1972, Sections 9, 11, 12, Schedule II - Hunting of Indian Cobras and Dhamans is absolutely prohibited - The court noted that these snakes are protected species under Schedule II, and the exceptions under Sections 11 and 12 do not apply; thus, their capture for the Nagpanchami festival is illegal (Paras 8-9).
Issue of Consideration
Whether the practice of capturing snakes for the Nagpanchami festival constitutes 'hunting' under the Wildlife (Protection) Act, 1972 and whether such capture is prohibited under Section 9; Whether the definition of hunting in Section 2(16) infringes fundamental rights under Articles 25 and 26 of the Constitution of India.
Final Decision
Court held that capture of Indian Cobras and Dhamans for the Nagpanchami festival constitutes 'hunting' under Section 2(16) and is prohibited under Section 9, with exceptions under Sections 11 and 12 not applicable. Directed enforcement of the Act's provisions to prevent illegal hunting and exhibition of snakes.
Law Points
- Capture of wild animals is hunting under Section 2(16) of Wildlife Protection Act
- 1972
- Temporary capture falls within meaning of hunting
- Indian Cobras and Dhamans are wild animals under Schedule II
- Section 9 prohibits hunting of Schedule I-IV animals
- Exceptions under Sections 11 and 12 do not apply to Indian Cobras and Dhamans
Case Details
2014 LawText (BOM) (07) 59
Writ Petition No.8645 of 2013 and Public Interest Litigation No.75 of 2011
A.S. Oka, A.S. Chandurkar
S.R. Borulkar, Manoj Patil, Deepa Vagyani, Sachin M. Patil, J. Shekhar, Manisha Shekhar, Dhanesh Shah, J.S. Deo, D.A. Athawale
Gramsabha of village Battis Shirala and Ajit Shridhar Patil & Ors.
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Nature of Litigation
Public Interest Litigation and Writ Petition concerning illegal hunting of snakes during Nagpanchami festival and constitutional challenge to definition of hunting.
Remedy Sought
PIL: Writ of mandamus to implement provisions of Sections 50 and 51 of Wildlife (Protection) Act, 1972 to prevent illegal hunting of snakes at Battis Shirala; Writ Petition: Declaration that Section 2(16) is unconstitutional as violative of Articles 25 and 26, and that temporary capture for religious purposes be exempted.
Filing Reason
PIL filed to draw attention to breaches of Wildlife Act by villagers during Nagpanchami; Writ Petition filed to protect religious practice and challenge the Act's definition.
Previous Decisions
Various interim orders passed by this Court prohibiting procession with exhibition of snakes and display on vehicles; Committee appointed under Court's orders recommended allowing capture of 5 cobras for 10 days prior and release 2 days after festival.
Issues
Whether capturing snakes for the Nagpanchami festival constitutes 'hunting' under Section 2(16) of the Wildlife (Protection) Act, 1972.
Whether Indian Cobras and Dhamans are protected species and their capture is prohibited under Section 9.
Whether the exceptions under Sections 11 and 12 apply to such capture.
Whether Section 2(16) infringes fundamental rights under Articles 25 and 26 of the Constitution of India.
Submissions/Arguments
PIL petitioners argued that villagers hunt and capture snakes, confine them in inhumane conditions, and exhibit them for entertainment, violating the Wildlife Act; authorities must enforce Sections 50 and 51.
State government acknowledged the practice and stated that immediate arrest of persons capturing snakes would be effective but challenging due to potential law and order situations.
Gramsabha argued that capturing cobras temporarily for worship is an essential religious practice, and Section 2(16) violates Articles 25 and 26; reliance placed on religious texts and court-appointed committee's recommendation.
Ratio Decidendi
The definition of hunting under Section 2(16) of the Wildlife (Protection) Act, 1972 includes capturing wild animals, irrespective of duration, and such capture is prohibited under Section 9 when the animals are protected under Schedule II. Temporary capture for religious purposes does not fall under exceptions provided in Sections 11 and 12.
Judgment Excerpts
Thus, from the definition of hunting, it is apparent that every act of capture of wild animals or captive animals amounts to hunting. Thus, the fact that the capture is on a temporary basis for a short period makes no difference.
Thus, the hunting of Dhamans and Indian Cobras is completely prohibited under section 9. Hunting includes capturing.
Procedural History
PIL No. 75 of 2011 filed by activists Ajit Shridhar Patil and others seeking enforcement of Wildlife Act against snake capture during Nagpanchami in Battis Shirala. Interim orders passed prohibiting procession and display of snakes. Court-appointed committee recommended limited capture and release. Writ Petition No.8645 of 2013 filed by Gramsabha of Battis Shirala challenging constitutional validity of Section 2(16). Both cases heard together, with State filing affidavit. On July 15, 2014, after extensive submissions, the Court delivered oral judgment.
Acts & Sections
- Wildlife (Protection) Act, 1972: 2(1), 2(5), 2(16), 2(36), 9, 11, 12, 50, 51, Schedule I, Schedule II, Schedule III, Schedule IV, Part II of Schedule II
- Constitution of India: 25, 26
