Supreme Court Rules States Cannot Block Traditional Elephant Corridors
The Supreme Court of India has ruled that no State possesses the authority to block the ancient corridors and migration pathways of wild elephants. Emphasising that wild herds naturally cross state boundaries, a three-judge Bench directed the Union government to carry out a comprehensive nationwide survey of elephant corridors and submit an assessment detailing steps taken to remove and prevent blockades.
What Happened
A three-judge Supreme Court Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana heard a petition regarding obstructions in elephant corridors and the continued mistreatment of wildlife during human-animal conflicts. The Bench ruled that creating artificial barriers across migration routes is unacceptable under the law.
The proceedings addressed a petition filed by advocate Shibani Ghosh, which brought to light the ongoing use of fireballs to drive wild herds away from agricultural land and residential areas in West Bengal, despite a clear prohibition issued by the apex court in 2018.
Responding on behalf of the Union government, Additional Solicitor General Aishwarya Bhati agreed to conduct a nationwide survey of traditional corridors and submit a status report. While the Central government requested a three-month window to carry out this exercise, the Bench scheduled the matter for review after eight weeks to examine the progress achieved.
Key Highlights
- Absolute Route Protection: The Supreme Court stated that no individual State has the authority to construct blockades or shut traditional pathways used by migrating elephant herds.
- Nationwide Survey Mandated: The Union government must execute a fresh nationwide assessment of obstructed corridors and formulate a detailed report on preventive actions.
- Ban on Harmful Measures: The court reiterated its 2018 directive prohibiting the use of burning rods, mashaals (fire-torches), fireballs, and iron spikes by ‘hula’ parties to repel animals.
- Inter-State Movement Recognized: The Bench noted multi-state movement patterns, such as herds moving between Nepal, West Bengal, and Jharkhand, as well as routes linking Haryana’s Yamuna Nagar area with Uttarakhand and Himachal Pradesh.
- Statutory Status: Elephants are categorized as Schedule I animals under the Wildlife (Protection) Act, 1972, entitling them to absolute legal protection as a vulnerable species.
- Eight-Week Timeline: The court declined a three-month deferral request, setting a compliance review after eight weeks.
Why This Matters
The ruling clarifies that human-animal conflicts and crop damage cannot be used by regional administrations as legal justifications to seal natural wildlife routes. Chief Justice Surya Kant observed that herds travel across several States and that building physical blockades fails to resolve the underlying friction between human settlements and animals.
Justice Joymalya Bagchi observed that elephant routes are not confined to the borders of any single State because the animals are wide-ranging by nature. The Bench highlighted regional migration dynamics, pointing out that herds entering West Bengal from Nepal travel onward into Jharkhand and adjacent territories. Similarly, herds in northern India navigate regions spanning Haryana, Uttarakhand, and Himachal Pradesh.
Furthermore, the Bench reaffirmed the strict illegality of violent deterrent methods. In 2018, the apex court labeled the deployment of fireballs, spikes, and burning implements barbaric and unlawful. By requiring the Centre to monitor the enforcement of this ban against local ‘hula’ parties, the court seeks to end punitive driving techniques while requiring authorities to find lawful solutions to wildlife coexistence.
What to Watch Next
The Central government is required to begin its nationwide survey to identify which traditional pathways have been obstructed by local developments, infrastructure, or human habitations. The Union’s comprehensive report must outline the physical status of these routes and the specific measures taken to remove existing impediments.
The Supreme Court will reconvene on the matter after eight weeks to assess the initial findings submitted by the Centre and examine whether state authorities have effectively halted the deployment of illegal spikes and fire hazards against wild herds.
Frequently Asked Questions
Can a State administration build physical barriers to stop wild elephants?
No. The Supreme Court explicitly stated that no State can block the traditional routes of elephants, ruling that blockading corridors is not an acceptable response to crop loss or conflict.
What legal protections do elephants have in India?
Wild elephants are listed under Schedule I of the Wildlife (Protection) Act, 1972, granting them status as a vulnerable species entitled to absolute legal protection.
What did the court rule regarding fireballs and spikes?
The court reaffirmed its 2018 verdict that banned spikes, fire-torches, and burning rods, instructing the Union government to ensure that local ‘hula’ parties cease using these illegal and barbaric tactics.
Source: Based on judicial proceedings reported by The Hindu.