It is entirely in the fitness of things that a Division Bench of Karnataka High Court comprising of Hon’ble The Chief Justice Mr. Justice N. V. Anjaria and Hon’ble Mr Justice M.I. Arun in a most learned, laudable, landmark, logical and latest judgment titled High Court of Karnataka vs Union of India in Writ Petition No. 16219 of 2024 and cited in Neutral Citation No.: 2025:KHC:17549-DB that was pronounced as recently as on April 26, 2025 took cognizance of the most burning issue of elephants succumbing to death by electrocution based on a news-item, in exercise of suo motu powers under Article 226 of the Constitution. It merits noting that while considering the instant petition concerning the death of elephants by electrocution and by other unnecessary causes, the Division Bench held that it is essential that the competent authorities commit themselves to conserve and preserve the animal-asset-elephant to minimize, avoid and obliterate the risk of elephants succumbing to death by electrocution. We need to also note that the High Court said that ensuring that the elephants are kept away from the risk of electrocution is in the hands of Forest Department and measures which could be taken in that regard are under their control. Most remarkably, it is very rightly pointed out that, “Anything attached to the Nature, or part of the Nature and which is a specie of the Nature whether in the form of flora, fauna, all wildlife including Elephant, have invariable, inseparable and inextricably interwoven co-existence with the humankind. Their conservation, protection and preserving is necessary for ensuring the sustenance of human life.”
At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble The Chief Justice Mr. Justice N. V. Anjaria for a Division Bench of the Karnataka High Court at Bengaluru comprising of himself and Hon’ble Mr Justice M.I. Arun sets the ball in motion by first and foremost putting forth in para 1 that, “One Ashwathamma died due to electrocution on 11th June 2024. The elephant was a recent and one more victim of unnatural death which occurred in Mysuru. The unforeseen mishap was reported in news-daily ‘Bangalore Mirror’ of Thursday dated 13th June 2024.”
To put things in perspective, the Division Bench envisages in para 2 that, “The event was stirring for the constitutional court committed to preservation of ecologically compatible climate in general and for protection of wildlife in particular. In the State of Karnataka and also elsewhere, the elephants are treated as an animal-God. They are intelligent animals. An elephant is friend of man.
2.1 The Hon’ble Supreme Court wrote the punch-line, “Despite being a figure of traditional, cultural reverence, today the elephant species is severally threatened in India. The crux of the problem is one that affects all wildlife in the Country: land.”
As it turned out, the Division Bench enunciates in para 3 that, “Taking cognizance of the news-item, in exercise of suo motu powers under Article 226 of the Constitution, this Court passed order on 14th June 2024 registering public interest petition.”
Be it noted, the Division Bench notes in para 3.2 that, “The ‘Bangalore Mirror’ news item which was the basis of the present suo motu action by the Court inter alia read as under,
“Between January 2021 and now (June 12, 2024), Karnataka has lost 35 elephants to electrocution. Out of these, 12 cases were recorded in 2021, nine in 2022 and 2023 each, and five deaths have been registered this year.
Overall, 47 cases of unnatural deaths in jumbos have been recorded in the given period, which include deaths by gunshots, electrocution, road and train accidents, and snaring.””
As a corollary, the Division Bench then propounds in para 10 holding that, “In light of all the above aspects and in view of the foregoing discussions, it is essential that the competent authorities commit themselves to conserve and preserve the animal-asset-elephant to minimize, avoid and obliterate the risk of the elephants succumbing to death by electrocution. Ensuring that the elephants are kept away from the risk of electrocution is in the hands of Forest Department and measures which could be taken in that regard are under their control. These measures have to be steadfastly taken.”
Finally and far most significantly, the Division Bench encapsulates in para 11 what constitutes the cornerstone and crown of this notable judgment postulating that, “In the end, the following directions which are not exhaustive are issued,
(i) 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.
(ii) The area-wise investigating committees shall be formed by the Chief Conservator of Forests for different forests circles, who shall identify the risk areas periodically.
(iii) The task force recommendations shall be implemented.
(iv) 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.
(v) 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 adequate height for the safety of the elephants.
(vi) The habitats of the elephants and the elephants corridors should be regulated on this count.
(vii) 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.
(viii) 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.
(ix) 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.
(x) The norms for erecting electrical cables and telecommunication towers should be scrupulously observed. The underground cabling in the eco-sensitive zones should be promoted.
(xi) 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.
(xii) The data collection in respect of all the above should be a continuous process. Anti-poaching camps, rapid response teams, anti-depredation camps and regularly 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.
(xiii) 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.
(xiv) 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 cameral which provides alters about wildlife and human movements. Such systems should be extended to all the wildlife areas and human habitat areas, wherever necessary.
(xv) Radio collaring to the animals is one of the method to keep track of the movements of the animals including the elephants.
(xvi) 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.
(xvii) 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.
(xviii) All the directions issued by the Hon’ble Supreme Court regarding conservation of wildlife including elephants shall be complied for the purpose of their proper and effective implementation.
(xix) The directions issued by this Court in the other petitions shall be strictly implemented.
The Court would be failing in its duty if it does not recognize and acknowledge the services rendered by learned Senior Advocate Mr. Puttige R. Ramesh as Amicus Curiae to apprise the Court about the details of the cause and effectively assisting. His services are appreciated. The appreciation is placed on record. Learned Amicus Curiae will be paid by the respondent-State Rs.50,000/- towards the remuneration for his services done to the Court in the present suo motu petition.”
In conclusion, we thus see that the Karnataka High Court while taking suo motu cognizance of alarming increase in death of elephants took note of several news articles which have covered the death of several elephants most extensively either via electrocution or by falling in ditches. Most commendably, we see that the Court took note of the measures taken by the departments concerned and several directions issued by the Central Government, various State Governments and Apex Court in the past before issuing a slew of most commendable directions as discussed in detail hereinabove! It was made indubitably clear by the High Court that preserving and protecting the nature, wildlife and the elephants is a statutory and constitutional enjoinment and imperative.
It was also pointed out by the Court that the State Government is empowered to undertake the measures for protection of forests and the wildlife, which are within its territory by virtue of Entries 17-A titled ‘Forest’ and 17-B titled ‘Protection of Wild Animals and Birds’ in the Concurrent list of the Constitution. It was also made amply clear by the Division Bench of Karnataka High Court that the State Government is also vested with the powers under the Wildlife Act to notify the sanctuaries and protected areas as one of the measures to protect the wildlife and the forest. In addition, the Court mandated that Articles 21, 48-A and 51-A(g) of Constitution operate jointly to give a mandate to the State to protect and improve the environment, to maintain the ecosystem and to extend the safeguard and safeguarding measures to the forest and wildlife.
It cannot be lost sight of that the Court underscored that as part of law emanating from the aforementioned Constitutional provisions, the Constitutional Courts have recognized what is known as ‘Precautionary Principle’. The Division Bench also made it crystal clear that it is the duty of every citizen individually, of the society collectively and of the governments under constitution obligation, to protect and improve the natural environment, to preserve the forest and wildlife and to show the compassion to the living creatures. To say the least, the Division Bench thus held clearly that therefore, taking measures for conservation, protection and promotion to the healthy habitat for the elephants and thereby to lend inclusivity in human-cum-ecosystem is a duty, societal obligation and constitutional mandate. No denying or disputing it!
Sanjeev Sirohi
