The Supreme Court has sent a notice to West Bengal regarding a contempt case that claims the state is still using cruel methods to remove wild elephants.
The Supreme Court has recently sent a notice to West Bengal regarding a Contempt Petition. This petition claims that the state is still using cruel methods to keep elephants away from populated areas, violating a promise made to the Court. The petition states there is “willful disobedience” of the agreement, which specified that spikes should not be used and that mashaals, or fire-tipped iron rods, should only be used in emergencies. The petitioner provided photos showing that these methods are still in use. In a ruling from September 8, 2018, a two-Judge Bench stated that states must take action to remove spikes and stop using fireballs when driving elephants.
In December 2018, West Bengal argued that mashaals were the only option available at that time, especially with the annual elephant migration approaching, making it hard to adopt other methods. The state claimed that mashaals would only be used as an emergency measure under the Forest Department’s direct supervision to prevent deaths and crop damage and to ensure elephants could move safely. Regarding spikes, the state firmly stated that they are not being used and will not be used in the future. The state also promised to seek advice from the Wildlife Institute of India on methods to reduce human-elephant conflicts, following the guidelines from the environment ministry.
A two-Judge Bench, consisting of Justice B.R. Gavai and Justice K.V. Vishwanathan, issued a notice to the West Bengal state on November 14, with a response due in four weeks. The Bench chose to excuse the state from appearing in person for the time being. Advocate Rashmi Nandakumar represented the Petitioner, Prerna Singh Bindra, while Advocate Suhasini Sen represented the Union Government. The original Writ Petition was filed in 2018 to address the “cruel and torturous” methods used in four states—Karnataka, West Bengal, Jharkhand, and Odisha—to handle human-wildlife conflicts, especially concerning elephants. The Court has reviewed the case multiple times since then, during which West Bengal made certain commitments.
The newly submitted contempt petition, prepared by Advocate Shibani Ghosh, states, “Using mashaals, sharp metal rods, fireballs, and other flammable items to scare elephants is very cruel and causes significant mental and physical suffering to the animals regularly.” The petition includes photos taken on August 15, 2024, in the Jhargram district of West Bengal. One photo shows a hula party—a group of locals sent by forest officials to prevent human-elephant conflicts—holding burning mashaals, while another depicts an injured pregnant elephant with a rod near her spine, who later died from her injuries. The petition notes that hula parties mainly operate in the southern districts of West Bengal, such as Jhargram, Bankura, West Medinipur, and Purulia, to drive elephants away from human areas and crops. Although the intended purpose of using mashaals is to guide elephants along safe paths by showing them fire from afar, hula parties often throw them at elephant herds, leading to injuries and fatalities among the elephants.
The Petitioner argued that the Forest Department has not made any effort to ensure that those hired for hula drives are responsible community members who will not engage in disruptive behavior. It also claimed that the hula parties have a financial interest in continuing these drives, as their members are paid daily wages by the forest authorities. The petition highlights that scientific studies indicate elephants suffering from trauma due to ongoing conflict, violence, and habitat loss exhibit signs of distress, stress, and hyper-aggression. It states that the ongoing harassment and violence are creating a group of elephants that are always anxious and stressed, which could worsen the conflict and put both elephants and humans at risk.
In October 2018, the Union Government submitted an affidavit that included a report from the Inspector General of Forests (Project Elephant Division). This report stated that the West Bengal Forest Department has confirmed that hula parties are managed by the department and do not use cruel methods like fireballs to drive elephants away from crops. In October 2017, the Ministry of Environment, Forest and Climate Change released guidelines for managing human-elephant conflicts, acknowledging that common deterrent methods include loud noises, firecrackers, and tools like electric torches, kerosene, and fireballs. The guidelines also mention ‘new deterrent methods’ such as sounds of bees, predator noises like tigers, and the use of drones.
Cause Title: Prerna Singh Bindra v. Union of India [Writ Petition (Civil) 489/2018]
Appearance:
Petitioner: Advocates Rashmi Nandakumar, Yashmita Pandey, and Shibani Ghosh
Respondents: Additional Solicitor General Aishwarya Bhati and Advocates Suhasini Sen, Alka Agrawal, Ruchi Kohli, Mukul Singh, Aman Sharma, Gurmeet Singh Makker, V. N. Raghupathy, Astha Sharma, Shreyas Awasthi, Himanshu Chakravarty and Chandra Bhushan Prasad.
