Kerala High Court Questions Legality of Government Order Empowering Local Body Heads to Kill Wild Boars
On January 21, the Kerala High Court questioned the validity of a Government Order authorizing the heads of Local Self Government Institutions (LSGIs) to kill wild boars that intrude into human settlements and cause damage to life and property.
The case concerned the Forest Department, which, under Section 11 of the Wildlife Protection Act, 1972, had empowered the heads of all LSGIs as Honorary Wildlife Wardens and entrusted them with the power to eliminate wild boars that enter areas of human habitation. The Division Bench, comprising Justice A. K. Jayasankaran Nambiar and Justice Gopinath P., raised concerns about whether such a power could be granted to all LSGI heads in general. The Court observed that under Section 11 of the Act, "the power to kill wild animals can be given by the Chief Wild Life Warden to only certain person who possess certain qualification."
Upon reviewing the Government Order, the Court expressed doubts about its legitimacy, stating, "On a perusal of the Government Order, we have our own doubts regarding the legitimacy of such an order, since we find the provisions of Section 11 mandate that the person to be authorized by the Chief Wild Life Warden for hunting any animal or group of animals in a specified area, has to be possessed of certain qualifications and must be one who inspires confidence in the Chief Wildlife Warden." The Court continued, "We fail to understand how a blanket order that does not identify any such authorized person by name or qualifications but nearly states the head of the Local Self-Governing Institution without reference to any inherent qualification of that person, can be authorized to hunt any animal/ group of animals in a specified area."
The Bench directed the State to file an affidavit outlining the policy that guides the Chief Wildlife Warden’s exercise of power under Section 11 of the Act. The matter will be considered after two weeks.
Cause Title: M. N. Jayachandran v Union of India
Case No: WP(C) 36422/ 2023
Bench: Justice A. K. Jayasankaran Nambiar and Justice Gopinath P.
