Pranav B Prem

The Kerala High Court has taken a significant step in addressing the persistent issue of human-animal conflicts in the state. Expressing concern over the increasing fatalities caused by wild animal attacks, the court directed the Kerala State Legal Services Authority (KeLSA) to coordinate with District and Taluk Legal Services Authorities to conduct a survey gathering grievances and suggestions from residents in affected areas.

Court’s Observations on Human-Animal Conflicts

Justice C.S. Dias, while hearing multiple writ petitions, observed the gravity of the situation, noting that people living in high-range and forest regions are constantly in fear of fatal encounters with wild animals. The Court asserted that such circumstances infringe upon the fundamental right to life of the affected residents. The judgment read: “The inhabitants in the high ranges and forest regions are put in fear of death due to the persistent threat posed by wild animals, which is an infringement of their fundamental right to life. This Court cannot remain passive to the issue. It has become incumbent upon this Court to direct the Authorities to take prompt and immediate steps to find a lasting solution to this pressing concern.” The Court further emphasized that mere compensation cannot adequately address the loss suffered by victims' families, stating: “Words of consolation or payment of compensation are not a panacea for the legal heirs of the deceased victims to navigate the devastating loss.”

Directions Issued by the Court

Taking note of the rising incidents of human-wildlife conflict, the Court issued specific directives:

1. The Kerala State Legal Services Authority (KeLSA) has been directed to coordinate with District and Taluk Legal Services Authorities to survey affected areas and gather grievances and suggestions from the inhabitants.

2. KeLSA was instructed to inform the affected residents about various compensation schemes offered by the Central and State governments.

3. The Member Secretary of KeLSA is required to file a report before the next posting date, after conducting the survey and raising awareness.

Previous Directives and Persistent Issues

The Court referred Joseph Tajet v. State of Kerala & Others (2022), where the State had undertaken to implement measures to mitigate human-animal conflicts. However, despite previous guidelines and directives, the problem remains unresolved. The Court noted with concern: “Despite the various directions passed by this Court and guidelines issued by the Government, the problem continues unabated. The alarming statistics of 555 fatalities in the State resulting from wild animal attacks during the last six years are shocking. This Court has also been informed that despite administrative sanction being granted to build protective walls using the Schedule Tribe fund, the project has not progressed.”

Suo Motu Impleadment of Authorities

In light of the severity of the issue, the Court impleaded key government authorities to ensure a comprehensive resolution. The following officials were added as respondents:

1. Secretary to the Ministry of Environment and Forest and Climate Control, Government of India

2. Chief Secretary, Government of Kerala

3. Principal Secretary, Revenue Department, Government of Kerala

4. Member Secretary, Kerala State Legal Services Authority

The Court directed these officials to file their counter-affidavits detailing the steps taken to mitigate human-animal conflicts, particularly after the Joseph Tajet decision.

Appointment of Amici Curiae

To assist in the matter, the Court appointed Advocates M.P. Madhavankutty and Liji Vadakkedam as Amicus Curiae.

The Way Forward

The Court has scheduled the next hearing for March 24, 2025, by which time KeLSA must submit its report. Additionally, the Chief Secretary has been tasked with updating the Court on the measures implemented by the State government to curb human-animal conflicts post-Joseph Tajet.

Cause Title: Samyuktha Janakeeya Samithi v State of Kerala

Case No: WP(C) NO. 32407 OF 2024 & Connected Cases

Bench: Justice C.S. Dias

[Read/Download order]