Bombay High Court Registers Suo Motu PIL on Shifting of Wild Elephant From Gadchiroli Forest to zoo

The Nagpur bench, comprising of Justice Sunil B. Shukre and Justice Valmiki SA Menezes, of the Bombay High Court on 08.09.22 impleaded the Maharashtra State Zoo Authority, Maharashtra State Bamboo Board, and Project Elephant Authority in Suo Moto PIL.

The Suo Moto public interest litigation was taken up after a news article was mentioned before the bench on 07.09.22. The news article dated 05.09.22, in the daily times reported the proposed move of the forest department to shift wild animals to a zoo. Senior advocate J.T Gilda submitted before the court that the forest department's proposed move is against the Apex Court's guidelines.

He submitted before the court that the migration of wild animals to the Gadchiroli forest should be seen as a good sign of a healthy forest. Further, instead of welcoming this development, the forest department is bent on taking regressive steps against wild animals, the forest of Gadchiroli, and the tribal population. He also stated that a resolution must be passed by the village before taking any such decision. In the present case, the village is Kamlapur, and the panchayat has passed a resolution against such a move.

The Court while registering a Suo Moto PIL stated that the present matter pertains to the fundamental issue regarding the rights of wild animals within a society dominated by human beings in general and within the framework of the Constitution of India in particular.

The court also referred to the ancient Hindu texts which recognized the rights of animals, birds, and every living and that every living being as having emerged from the same divine power as a man thereby deserving due respect, love, and affection.

The Court cited the poetry recited by Sant Takuram:

“वृक्षवल्ली आम्हा सोयरी वनचरे, पक्षीही सुस्वरे आळवीती”.

The court also took note of the Biological Diversity Act 2002 and stated that the presence of wild elephants adds to the biodiversity of the Gadchiroli forest and the state is bound to preserve the population of wild animals of Gadchiroli. Any more by the state to move them to a zoo would be against the spirit of the Biological Diversity Act 2002.