The Supreme Court yesterday issued a notice to the West Bengal government on a contempt petition filed against it, attacking the continued use of sharp points and burning. mashaals to drive out elephants from the state.

A bench of Justices BR Gavai and KV Viswanathan placed the order, after hearing Lawyer Rashmi Nandakumar (for the petitioner), who contended that the West Bengal government had failed to effectively resolve the human-elephant conflicts and had violated the orders dated 01.08.2018 and 04.12.2018 passed in 2018. Prerna Singh Bindra v. Union of India.

The lawyer drew the attention of the Court to recent incidents, such as the one that occurred on August 15, 2024, when a group of elephants entered the Jhargram Raj College colony in West Bengal. He was informed that during the said conflict, a pregnant female elephant was chased by a Hulla party (groups of local youth armed with iron bars/spikes and burning mashaals) and attacked with a burn mashaalwhich ultimately led to his tragic death.

Referring to the continued use of stakes and burning mashaals drive out elephants from West Bengal, despite an undertaking before the Court to desist from such methods, Nandakumar urged, “The state of West Bengal has not even considered alternative methods, unlike the state of Karnataka and some other states, where they are considering other methods.”

Hearing the arguments, the Court issued a notice and sought a response from the Principal Chief Conservator of Forests, West Bengal.

Background

Prerna Singh Bindra This case has raised the issue of cruel and torturous methods used in 4 states – Karnataka, West Bengal, Jharkhand and Odisha – to deal with human-wildlife, and particularly human-elephant, conflicts. He highlighted two methods: (i) the use of metal spikes in Karnataka with the intention of injuring elephants and restricting their movements; (ii) the state-sanctioned hiring/engagement of ‘Hulla gone to West Bengal.

The Supreme Court in its orders dated 01.08.2018 and 04.12.2018 made it clear that the State of West Bengal should remove the spikes and refrain from using fireballs. Furthermore, while the State claimed that another method could not be implemented at the time to avoid a human-elephant conflict, the Court clarified that mashaals could be used in emergency situations, to prevent deaths or damage to crops. Furthermore, the state government, on its part, is committed to seeking appropriate advice on new methods of deterrence aimed at reducing human-elephant conflicts.

What does the petition say?

According to the petitioner, the practice of hunting and scaring elephants using incinerators mashaals continues in West Bengal, despite clear orders from the Court.

“To the knowledge of the petitioner over the last six years, the respondent/alleged contempt has not made any serious effort to consult scientific bodies to explore more humane/scientific alternatives to the Hulla festivals and the State has also failed to develop or implement alternative mitigation measures as in accordance with the MoEFCC Guidelines and other policy documents issued by the MoEFCC or by Project Elephant to comply with the Court’s directives, the defendant/contempt alleged continues to use burning mashaals as its primary conflict management tool.

The petition cites two incidents of human-elephant conflict, where Hulla parties were allegedly involved and injured elephants, under the watch of West Bengal forest department officials. It is affirmed that Hulla The parties receive no training and are not sufficiently aware of how to manage such conflict situations.

“During travel in Hulla, the situation is volatile and there is almost no way to discipline the crowd. In this tense atmosphere, it is almost inevitable that the elephants will be attacked with the lit/burning mashaals thrown at them, causing immense physical pain and distress as well as psychological trauma. Permitting these violent and aggressive measures to drive elephants not only allows for a blatant violation of the law. 1972 on the protection of wildlife, but we also endanger the lives of elephants and the communities who live in these frequented areas.

Furthermore, the petitioner asserts that West Bengal should have taken steps to strengthen and increase preventive measures, already in use in some parts of India, like,

“introduction of light poles and solar lamps on the outskirts of villages, provision of rechargeable LED/solar torches to villagers, use of chili smoke and traditional drums to deter elephants, systematic early warning system on elephant movements as well as transparent and timely measures, and generous compensation for harvests – managed with sensitivity and empathy.

The petition was filed via Shibani Ghosh, official lawyer.

Case Title: PRERNA SINGH BINDRA v. NIRAJ SINGHAL, IFS, CONMT.PET.(C) No. 780/2024 in WP(C) No. 489/2018