The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the 845 elephant deaths in Kerala in the past few years.
The petition is registered suo-motu on the basis of the news item dated 19.07.2024.
As per the article, between 2015 and 2023, Kerala’s forests recorded 845 elephant deaths, with studies indicating an increasing death rate, particularly among elephants under 10 years old. Approximately 40% of these young elephants die due to Elephant Endotheliotropic Herpesvirus-Haemorrhagic Disease (EEHV-HD). Research shows that calves in larger herds, which share immunity, have better survival rates against EEHV-HD, suggesting that maintaining large herds can mitigate the disease’s impact. The Forest Department emphasizes the need to restore natural habitats and prevent fragmentation to combat this threat.
The news item highlights current threats to elephants include habitat shrinkage, fragmentation, climate change, and competition from invasive plant species, all are exacerbating their vulnerability. These factors contribute to declining population sizes, increased sensitivity to high temperatures, and heightened disease susceptibility. Elephants’ distribution is also affected by land-use changes, water balance, temperature fluctuations, and human-induced disturbances. The study recommends adopting a protocol similar to Tamil Nadu’s Elephant Death Audit Framework (EDAF) for Kerala to systematically investigate elephant deaths. This framework would help identify patterns, assess threats, and implement targeted conservation measures.
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of Environment Protection Act of 1986 and the Biological Diversity Act, 2002.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(1). Ministry of Environment, Forest & Climate Change.
(2). Principal Chief Conservator of Forest, Kerala.
(3). Chief Wildlife Warden, Kerala.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 30.09.2024.