NGT Seeks Final Response from Assam Authorities, Biodiversity Bodies on Protection of Feral Horses in Dibru-Saikhowa
Pranav B Prem
The National Green Tribunal (NGT), Eastern Zone Bench at Kolkata, has granted a final opportunity to key authorities including the Assam Government and national biodiversity bodies to file their responses in the matter concerning the rapidly dwindling population of feral horses in the Dibru-Saikhowa National Park. The Tribunal expressed concern over the inaction and lack of data regarding these unique animals, whose conservation status remains unascertained due to alleged neglect and administrative gaps.
A bench comprising Justice B. Amit Sthalekar (Judicial Member) and Dr. Satyagopal Korlapati (Expert Member) passed the directions on April 15, 2025, in the matter registered as Original Application No. 08/2025/EZ. The application had been initiated suo motu based on a news article titled “The Last Feral Horses in India”, published by Mongabay on November 5, 2024. The article triggered widespread concern and prompted the Tribunal’s Principal Bench to initially take cognizance of the issue in December 2024.
The said article highlighted alarming facts concerning the status of feral horses in Dibru-Saikhowa, Assam — reportedly the last remaining population of its kind in India. According to the piece, these horses are believed to be descendants of war horses abandoned during World War II, although alternative theories suggest lineage from China’s Przewalski’s horses. The article also detailed a history of habitat degradation, loss of grazing land, floods, human encroachment, and administrative apathy as the key contributors to the horses' decline.
What further alarmed conservationists — and later the Tribunal — was the claim that feral horses do not fall within the definition of ‘wild animals’ under the Wildlife Protection Act, 1972. This legal loophole, according to the report, has made it challenging to prevent smuggling and prosecute offenders. It cited a 2020 incident in which six feral horses were allegedly being smuggled but legal enforcement faced hurdles due to the species’ ambiguous legal status.
The Principal Bench, led by Justice Prakash Shrivastava and Dr. A. Senthil Vel, had in its December 16, 2024 order taken suo motu cognizance of the matter under Article 21 of the Constitution and in light of the Tribunal’s powers affirmed by the Supreme Court in Municipal Corporation of Greater Mumbai v. Ankita Sinha & Ors. [2021 SCC Online SC 897] The Tribunal had noted that the case involved potential violations of the Environment (Protection) Act, 1986 and the Biological Diversity Act, 2002. Accordingly, it impleaded the Chief Wildlife Warden of Assam, the Ministry of Environment, Forest and Climate Change (MoEF&CC), the National Biodiversity Authority (NBA), the Wildlife Institute of India, and the Zoological Survey of India as respondents.
In that order, the Principal Bench transferred the case to the Eastern Zone Bench for further proceedings, given the geographical relevance. The respondents were directed to file affidavits before the Eastern Zone Bench one week prior to the next scheduled hearing, originally set for February 27, 2025.
However, the matter came up again on April 15, 2025, where the Eastern Zone Bench recorded partial compliance. The Ministry of Environment, Forest and Climate Change (MoEF&CC) had filed its affidavit dated April 4, 2025, which was taken on record. However, the Chief Wildlife Warden of Assam and the Animal Husbandry & Veterinary Department of the Government of Assam sought additional time to file their responses. Similar prayers were made by the counsel appearing for the National Biodiversity Authority, Wildlife Institute of India, and Zoological Survey of India.
Considering the importance of the matter and the need for coordinated inputs from all relevant authorities, the Bench granted a final extension of two weeks for the remaining respondents to submit their counter-affidavits. The matter has now been listed for further hearing on May 9, 2025.
Appearance
For Applicant(s): Suo Motu,
For Respondent(s): Ms. Malabika Roy Dey, Adv. for R-1 & 6 (in Virtual Mode), Mr. D.N. Ray, Sr. Adv. a/w Mr. Sourav Haldar, Adv. for R-3 (in Virtual Mode), Mr. Ashok Prasad, Adv. for R-2, 4 & 5
Cause Title: News Item Titled ‘The Last Feral Horses In India’ Appearing In Mongabay Dated 05- 11-2024 V. Chief Wildlife Warden Assam
Case No: Original Application No.08/2025/EZ (Earlier O.A. No.1372/2024/PB)
Coram: Hon’ble Mr.Justice B. Amit Sthalekar [Judicial Member], Hon’ble Dr. Satyagopal Korlapati [Expert Member]
[Read/Download order]
