Isabella Mariam

The Division Bench of the Karnataka High Court at Bengaluru, comprising Chief Justice N. V. Anjaria and Justice M. I. Arun, delivered a judgment initiating and concluding suo motu proceedings concerning a series of unnatural deaths of elephants in Karnataka. The court invoked Article 226 of the Constitution to address systemic failures and directed extensive inter-departmental measures to prevent further fatalities.

The Division Bench issued several directives aimed at wildlife protection, including mandatory mapping of risk zones, immediate identification and dismantling of illegal electric fences, and implementation of Central Government guidelines on power line maintenance in elephant habitats. It stated, "The elephants and other wildlife would need care. Their safety is to be ensured at all costs by keeping vigil and by taking appropriate measures."

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The proceedings arose from a news report published in the 'Bangalore Mirror' on June 13, 2024, which reported the death of an elephant named Ashwathamma due to electrocution in Mysuru. The report cited conservationists who attributed the incident to negligence by authorities. The report further detailed that Karnataka had lost 35 elephants to electrocution between January 2021 and June 2024.

The court, taking cognizance of the report, registered a public interest litigation suo motu. It recorded, "The Court felt anxious and concerned... the newspaper report quoting conservationists mentioned that the death was because of sheer negligence on the part of the authorities in taking precautionary measures." The Registrar General was directed to register the petition, with notices issued to the Union of India and various state authorities.

Affidavits and submissions were filed by the Union of India, the State of Karnataka, and various forest officers. The learned Amicus Curiae, Senior Advocate Puttige R. Ramesh, submitted comprehensive details regarding elephant demographics and causes of unnatural deaths in Karnataka.

According to the Forest Department data:

• Karnataka houses the highest number of Asian elephants in India, estimated between 5914 to 6877 as per the 2023 census.

• Between 2021 and June 2024, 46 elephant deaths occurred due to electrocution, with causes identified as sagging power lines and illegal electric fences.

• Physical barriers like rail barricades (332.62 km), elephant-proof trenches (2420 km), and solar fencing (3426 km) have been installed across the state.

The affidavit stated, "The elephants are electrocuted when they stray from the forest and come into contact with these live wires... caused by illegal practices where farmers... connect wire fences to regular power supply sources."

Advanced monitoring mechanisms mentioned include the Garuda E-Surveillance system using AI-based cameras, drones, radio collaring, and GSM camera traps.

The court was apprised of the historical context, citing earlier court actions in 2008 and 2012. It quoted extensively from past judgments and referenced a 2009 letter from the Ministry of Environment and Forests directing that, "no such [solar power] fencings are created in future" due to elephant deaths in Assam and Karnataka.

The forest authorities defended solar fencing, citing subsequent guidelines from 2016 and 2020 that endorsed regulated, humane solar fences under international safety standards.

The Bench reiterated the constitutional and statutory imperatives under Articles 21, 48A, and 51A(g), and the Wildlife Protection Act, 1972. It stated, "Preserving and protecting the nature, wildlife and the elephants is a statutory and constitutional enjoinment and imperative."

It observed that the primary causes of electrocution deaths were sagging power lines and illegal fences. The court recorded, "What needs to be prevented... are habitat fragmentation, physical road barriers, and the factors which force the animals to cross... dangerous zones."

The court stated a balanced approach involving technology, regulation, and community participation. It noted that elephant corridors must be kept free of live wires and unregulated installations. The judgment stated, "Proper identification and maintenance of elephant corridors... should be taken... [including] measures that the corridors remain free from the risk of sagging lines."

Referencing the Supreme Court decision in Hospitality Association of Mudumalai v. In Defense of Environment and Animals [(2020) 10 SCC 589], the court reiterated the binding duty of the State to protect elephant corridors and restrict commercial activities therein.

The court stated the Task Force’s 2019 recommendations regarding power line safety, such as:

• "Immediate rectification of sagging transmission lines..."

• "Joint inspections by Forest and Electricity Departments... at least thrice a year."

• "Accidents should be reported in Form A... and investigated by Electrical Inspector."

• "Aerial bunched cables or underground cables should be used."

The Division Bench issued the following directives:  

"The respondent-authorities should identify and map the risk areas where there is possibility of mishaps on account of sagging power lines and illegal electrical fences which may have come up unauthorisedly within the elephant habitats and fringe areas."

"The area-wise investigating committees shall be formed by the Chief Conservator of Forests for different forest circles, who shall identify the risk areas periodically."

"The task force recommendations shall be implemented,".

"The guidelines from the Ministry of Environment, Forest and Climate Change dated 24.10.2016 with regard to laying of transmission lines through forest areas should be implemented and its implementation shall be monitored."

"The forest authorities shall act in co-ordination with the Energy Department for checking the sagging electrical lines and ensure that proper maintenance is made to see that they remain at adequate height for the safety of the elephants."

"The habitats of the elephants and the elephant corridors should be regulated on this count."

"The sagging electrical lines cause greater threat in the hilly regions. This happens due to maintenance of the power lines or on account of non-observation of norms for minimum height for the terrain and for the steeper areas as fixed by the National Board for Wildlife. These norms should be adhered to for continuous maintenance."

"There should be evolved and effective mechanism to check, prevent and destroy illegal electrical fences which the farmers create for their agricultural fields located near the forest land to prevent the elephants entering into their fields."

"The unauthorised illegal fences erected by the farmers often become a cause for the elephants to come into contact and suffer electrocution. Such illegal unauthorised electrical fences should not be permitted by the authorities and should be replaced by the scientific and protective barricades in such areas where farmers grow their crops or where there are residential colonies."

"The norms for erecting electrical cables and telecommunication towers should be scrupulously observed. The underground cabling in the eco-sensitive zones should be promoted."

"The authorities should undertake the community awareness programmes to educate the rural people and community persons as well as the farmers about the illegal electrical fences as also the importance of protection of elephants, who are part of human existence."

"The data collection in respect of all the above should be a continuous process. Anti-poaching camps, rapid response teams, anti-depredation camps and regular patrolling of the forest area and the areas prone to such incidents of the accidental deaths of elephants by electrocution or otherwise should be patrolled regularly."

"In order to ensure safe elephant movement, overpass at the places desired should be constructed which would help to mitigate the accidents to the elephants."

"The authorities shall use advanced technical inventions including e-surveillance system which is stated to be a pilot project undertaken in the Nagarahole Tiger Reserve by using artificial intelligence software and CCTV cameras which provides alerts about wildlife and human movements. Such systems should be extended to all the wildlife areas and human habitat areas, wherever necessary."

"Radio collaring to the animals is one of the method to keep track of the movements of the animals including the elephants."

"Legal action should be taken whenever police complaints are lodged for violation of the Wildlife (Protection) Act, 1972, Electricity Act, 2003 and other applicable laws. The investigation process should be expeditious."

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"The liability on the officers and employees of the Forest Department for their negligence and dereliction of duty shall be fixed wherever it is found that there is an element of human negligence which cause the death of elephants."

"All the directions issued by the Supreme Court regarding conservation of wildlife including elephants shall be complied for the purpose of their proper and effective implementation."

"The directions issued by this Court in the other petitions shall be strictly implemented."

The Bench acknowledged the contribution of the Amicus Curiae stating, "The Court would be failing in its duty if it does not recognize and acknowledge the services rendered..." A remuneration of Rs. 50,000 was directed to be paid to him by the State.

Advocates Representing the Parties

For the Petitioner: Sri Puttige R. Ramesh, Senior Advocate/Amicus Curiae

For the Respondents: Sri A. Arvind Kamath, ASGI with Sri H. Shanthi Bhushan, DSGI for the Union of India, Sri Kiran V. Ron, AAG with Smt. Niloufer Akbar, AGA for State of Karnataka, Sri H.V. Devaraja, Advocate , Sri Prashant T. Pandit, Advocate

Case Title: High Court of Karnataka, Bengaluru v. Union of India and Others

Neutral Citation: 2025: KHC:17549-DB

Case Number: WP No. 16219 of 2024

Bench: Chief Justice N. V. Anjaria and Justice M. I. Arun

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