Human-elephant conflict in Bengal: Supreme Court agrees to hear plea alleging contempt of its orders

New Delhi: The Supreme Court on Thursday agreed to hear a plea seeking initiation of contempt proceedings for alleged violation of its orders asking the state authorities to desist from using fireballs to drive elephants that come near human habitation or croplands.

A bench of Justices B R Gavai and K V Viswanthan issued notice to West Bengal's Principal Chief Conservator of Forests (Head of Forest Force) seeking his response on the plea and posted the matter for hearing after four weeks.

The petitioner, Prerna Singh Bindra, has referred to the orders passed by the apex court on August 1, 2018 and December 4, 2018 while hearing a plea which highlighted the cruel methods used in some states to manage human-wildlife conflict and in particular human-elephant conflict.

The contempt plea, filed through advocate Shibani Ghosh, said the top court in its August 1, 2018 order had said wherever the spikes or fireballs are used for driving elephants, remedial steps should be taken by concerned states for removing spikes and desisting from using fireballs.

"Through these two orders, this court had issued clear directions to the State of West Bengal to desist from using fireballs to drive or chase elephants that come near human habitation and croplands," the plea said.

It said despite a clear direction from the apex court to desist from using fireballs or 'mashaals' except as an emergency measure that too for a limited period, the practice of using such "cruel and barbaric techniques" to scare and chase elephants continues in West Bengal.

The plea referred to an August 15, 2024 incident when a group of elephants entered a colony on the outskirts of Jhargram town in West Bengal. It said a tusker from the group had allegedly killed an elderly resident.

"The West Bengal forest department officials reached the spot along with 'Hulla' parties - groups of local youth armed with iron rods/spikes and burning 'mashaals' to chase the elephants away," it said.

The plea claimed that one alleged 'Hulla' party member threw a 'mashaal' at a female elephant and the burning spike got lodged onto her spine and the animal collapsed soon thereafter.

It referred to another incident in April 2023 from Kalaikunda range in Kharagpur division, Paschim Medinipur, where a herd of elephants was observed being chased by a 'Hulla' party armed with fire-lit 'mashaal'.

"The continued reliance by the respondent/alleged contemnor on 'Hulla' parties that throw burning 'mashaals' at elephants as the primary tool for management of human-elephant conflicts amounts to contempt of this court's orders and a breach of the state's undertaking to seek alternative means to mitigate the conflict situation or reduce negative interactions," the plea said.

It said the use of 'mashaals', sharp metal rods, fireballs, inflammable objects etc. as a method to scare away elephants is extremely cruel and barbaric and causes immense mental trauma and physical distress to the animal.