Kiran Raj

The Delhi High Court has issued directions to the Department of Forests and Wildlife, Government of National Capital Territory of Delhi (GNCTD), and the Delhi Police to develop an effective mechanism for rescuing distressed birds in the National Capital Territory of Delhi (NCTD). The court was hearing a Public Interest Litigation (PIL) filed by Save Indian Foundation, which raised concerns over the lack of infrastructure and measures for addressing cases of birds in distress.

The petitioner submitted that despite multiple reports and complaints regarding birds in distress, the authorities, particularly the Department of Forests and Wildlife and the Delhi Police, have expressed their inability to take necessary action due to a lack of resources and infrastructure. The court noted the need for immediate intervention by the concerned authorities to ensure the timely rescue and rehabilitation of distressed birds.

The proceedings were initiated following a petition by Save Indian Foundation, which sought immediate action from the authorities to address incidents of birds in distress in Delhi. The petitioner stated that while cases of birds in need of rescue had been repeatedly reported to the relevant authorities, there had been no substantial action taken. It was argued that both the Department of Forests and Wildlife and the Delhi Police cited a lack of infrastructure and resources as reasons for their inaction.

The petitioner contended that such inaction was in violation of statutory duties and constitutional obligations concerning the protection of wildlife. The court was informed that the authorities had neither implemented a proper system for responding to such cases nor engaged with any expert bodies to develop a coordinated rescue mechanism.

During the proceedings, the petitioner urged the court to direct the authorities to establish a structured system for addressing cases involving distressed birds. It was submitted that the government had a responsibility to ensure proper measures were in place to rescue and rehabilitate birds in distress.

The Delhi High Court recorded that the responsibility for rescuing distressed birds primarily rests with the Department of Forests and Wildlife and the Delhi Police. The court stated: “In our opinion, the measures which need to be taken to rescue the distressed birds in NCTD primarily are the responsibility of the concerned Departments viz., respondent No. 1-Department of Forests and Wildlife, GNCTD and the respondent No. 3-Delhi Police.”

The court observed that while the authorities acknowledged the issue, there had been no structured mechanism in place to address cases of birds in distress. It recorded that the lack of necessary equipment or infrastructure cannot justify inaction, particularly when such incidents are consistently reported by concerned citizens and organizations.

The court further noted that expert consultation was essential to developing an efficient system for responding to these situations. It directed that any framework developed by the authorities should take into account expert opinions from relevant government bodies, including the Animal Welfare Board of Delhi.

The Delhi High Court issued a series of directions to the Department of Forests and Wildlife, GNCTD, and the Delhi Police. It directed the petitioner, Save Indian Foundation, to submit a detailed representation outlining instances of birds in distress and suggestions for establishing an effective mechanism for their rescue. The court ordered that this representation be considered by the concerned authorities within a period of three months.

The order stated: “That the petitioner-Save Indian Foundation shall make an exhaustive representation to the appropriate authorities of respondent No. 3-Delhi Police as also of the respondent No. 1/Department of Forests and Wildlife, GNCTD, not only bringing to their notice such instances raised herein about the birds in distress, but also making suggestions for evolving an appropriate mechanism and for taking such measures as may be required.”

The court further directed that once the representation is submitted, it should be jointly considered by the officials of the Department of Forests and Wildlife and the Delhi Police. The authorities were instructed to work together to establish a structured mechanism for responding to cases of birds in distress.

It was also stated: “That while considering the prayers/suggestions to be made by the petitioner-Save Indian Foundation in its representation which is to be made under this order, the Officials of respondent No. 1-Department of Forests and Wildlife, GNCTD and the respondent No. 3-Delhi Police shall evolve an appropriate mechanism for taking requisite measures for rescuing the distressed birds in NCT of Delhi.”

The court set a time frame of three months for the authorities to deliberate upon and implement the proposed mechanism. It was further directed that the concerned officials may consult expert bodies, such as the Animal Welfare Board of Delhi, to ensure that the framework developed is comprehensive and effective.

The order specified: “That the requisite mechanism under this order shall be evolved after due deliberation on and consideration of the suggestions/prayers to be made by the petitioner-Save Indian Foundation, with expedition say within a period of three months.”

Case Title: Save Indian Foundation v. Department of Forest and Wildlife & Ors.

Case Number: W.P.(C) 17523/2024

Bench: Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela

[Read/Download order]