The Supreme Court has issued notice to the State of West Bengal on a petition seeking initiation of contempt proceedings for alleged violation of its orders asking the state authorities to desist from using sharp spikes and fireballs to drive away elephants that come near human habitation or croplands.
The Bench of Justice BR Gavai and Justice KV Viswanthan sought response of West Bengal Principal Chief Conservator of Forests (Head of Forest Force) on the petition and posted the matter for hearing after four weeks.
Petitioner Prerna Singh Bindra alleged that the government of Bengal had violated the Apex Court orders passed
on August 1, 2018 and December 4, 2018, in connection with cruel methods used in some states to manage the human-elephant conflict.
Filed through Advocate Shibani Ghosh, the contempt petition contended that in its August 1, 2018 order, the top court of the country had said that wherever the spikes or fireballs were used for driving elephants, the concerned states should take remedial steps for prevention of the same.
Despite a clear direction from the Supreme Court to desist from using ‘mashaals’ except as an emergency measure that too for a limited period, the practice of using such barbaric techniques to scare and chase away elephants continued in West Bengal, it added.
It referred to an incident of August 15, 2024, when a group of elephants entered a colony on the outskirts of Jhargram town in West Bengal. A tusker from the group had allegedly killed an elderly resident.
The West Bengal Forest department officials reached the spot along with ‘Hulla’ parties (groups of local youth armed with iron rods/spikes) and burning ‘mashaals’ to chase the elephants away, it alleged.
The petition claimed that one alleged ‘Hulla’ party member threw a ‘mashaal’ at a female elephant. The burning spike got lodged onto her spine and the animal collapsed soon thereafter.
It referred to another incident in April 2023 from Kalaikunda range in Kharagpur division, Paschim Medinipur, wherein a herd of elephants was observed being chased by a ‘Hulla’ party armed with fire-lit ‘mashaal’.
The petition said the continued reliance by the respondent/alleged contemnor on ‘Hulla’ parties that throw burning ‘mashaals’ at elephants as the primary tool for management of human-elephant conflicts amounted to contempt of Court orders and a breach of the state’s undertaking to seek alternative means to mitigate the conflict situation or reduce negative interactions.
It said the use of ‘mashaals’, sharp metal rods, fireballs, inflammable objects etc. as a method to scare away elephants was extremely cruel and barbaric and caused immense mental trauma and physical distress to the animal.