'E-Surveillance, Underground Cables': Karnataka High Court Issues Directions To Minimize Risk Of Elephant Deaths By Electrocution

A division bench of Chief Justice N V Anjaria and Justice M I Arun directed thus while disposing a suo-motu petition initiated last year, based on a newspaper report pointing to the repeated incidents of elephant deaths due to electrocution or other unnatural reasons.

It said, “Ensuring that the elephants are kept away from the risk of electrocution is in the hands of the Forest Department and measures which could be taken in that regard are under their control. These measures have to be steadfastly taken.”

As per an affidavit filed by the Assistant Conservator of Forests, out of 13 deaths by electrocution in the year 2023-2024, 10 were reported due to illegal electric fencing, 3 by the reason of sagging power lines and there was death on account of solar fences. For the year 2024-2025, the figures indicate that total deaths of the elephants occurred due to electrocution was 12, out of which 5 was because of illegal electric fences, 6 because of sagging power lines and 1 on account of solar fences.

Observing that all species of flora and fauna, including Elephants have inseparable, interwoven co-existence with humankind, the bench issued the following directions:

"(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 forest circles, who shall identify the risk areas periodically.

(iii) The (Elephant) 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 elephant 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 an 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 regular 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 methods 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."

Appearance: Senior Advocate/Amicus Curiae Puttige R Ramesh, for Petitioner.

ASG Arvind Kamath a/w DSGI H Shanthi Bhushan

AAG Kiran V Ron a/w AGA Niloufer Akbar FOR R-2 TO R-5 & R-12.

Advocate H V Devaraja for R6.

Advocate Prashant T Pandit for R11.

Citation No: 2025 LiveLaw (Kar) 165

Case Title: High Court Of Karnataka AND The Union of India & Others

Case No: WRIT PETITION NO. 16219 OF 2024