Kerala HC orders Kelsa to obtain complaints, suggestions of inhabitants living in areas of human animals conflict

The only judge of judge of Justice cs He noted that the inhabitants of the high -ranking and forest regions live with constant fear of fatal encounter with wild animals, which violates their fundamental rights. The court declared that the legal heirs of the deceased victims cannot be compensated by words or money and that immediate measures must be taken to find a lasting solution to address this.

The court said: “This court cannot remain passive to the issue. It has become corresponding to this court to direct the authorities to take quick and immediate measures to find a lasting solution to this pressing concern …The member secretary of the Kerala State Legal Service Authority will coordinate with the legal service authorities of the District and the legal services authorities of Taluk and will carry out a survey on the complaints and suggestions of the persons of the areas affected in the State and the compensation schemes of the central and state governments and present their reports before the date of publication of the next publication.“

The court was considering requests that sought instructions to the state government to take adequate measures to treat the conflict of human animals in Poomaruthikkuchi, Pothupara, Kokkathodu, Kallelithottam, Vakkara, Kulehumon, Orekkar of the Pathanamthitta district.

The court was also considering the compensation that would be paid to the legal heir of the deceased who lost his life in an attack of wild elephants in 2022. It was reported that the Court was reported that the central and state government is likely to pay compensation paid by the human animal, it is now considered as a specific state disaster under the disaster management law. It was stated that 555 people lost their lives in Kerala between 2019 and 2024 of Attack of Wild Animals. Therefore, it was stated that a special forum or court must be established to decide on claims for compensation for legal heirs.

The court expressed its disappointment for the loss of lives and injuries resulting from human animals conflicts.

The court declared that in Joseph Tajet V State of Kerala and others (2022), the state government had committed to implement measures to mitigate human animals conflicts. However, the court observed that despite its directions, the continuous deaths in the state due to human animals conflicts remain shocking.

The court declared: ” Despite the various directorates approved by this Court and the guidelines issued by the Government, the problem continues incessantly. The alarming statistics of 555 deaths in the state resulting from wild animals attacks during the last six years are shocking. This court has also been informed that despite the administrative sanction granted to build protective walls using the Shremed tribe fund, the project has not progressed. ”

Consequently, the Suo Moto Court involved the Secretary of the Ministry of Environment and Forestry and Climate Control, main secretary of the State Government, the main secretary of the State Government Department and Kelsa member secretary as additional respondents in these writing requests.

In addition, the Court appointed the defenders of MPMadhavankutty and Liji Vadakkedam as Amici Curiae to help the court.

Therefore, the court ordered the main secretary to inform the court on the measures taken by the state government to mitigate human animals conflicts, post Joseph Tajet Decision (supra) in 2022. The court also ordered Kelsa to file a report before the court.

The matter has been published until March 24 for a greater audience.

Case title: Samyuktha Janakeeya Samithi V State of Kerala

No case: wp (c) no. 32407 of 2024 and connected cases