SC to Hear Contempt Plea on Alleged Violation of Orders Against Using Fireballs to Drive Away Elephants

SC to Hear Contempt Plea on Alleged Violation of Orders Against Using Fireballs to Drive Away Elephants

The Supreme Court on Thursday agreed to consider a plea seeking the initiation of contempt proceedings against state authorities for allegedly violating its orders to refrain from using fireballs to drive away elephants approaching human settlements or farmlands.

A bench comprising Justices B.R. Gavai and K.V. Viswanathan issued a notice to the Principal Chief Conservator of Forests (Head of Forest Force) in West Bengal, requesting a response to the plea and scheduling the matter for a hearing in four weeks.

The petitioner, Prerna Singh Bindra, cited Supreme Court orders dated August 1, 2018, and December 4, 2018, which addressed the use of inhumane methods in managing human-wildlife conflicts, particularly in relation to human-elephant encounters.

The contempt plea, filed by advocate Shibani Ghosh, stated that the Supreme Court's order on August 1, 2018, directed concerned states to take remedial measures by removing spikes and refraining from using fireballs to drive away elephants.

"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.

The plea highlighted that despite the Supreme Court's clear directive to avoid using fireballs or 'mashaals'—except as an emergency measure and only for a limited period—such "cruel and barbaric techniques" to scare and drive away elephants persist in West Bengal. 

It cited an incident on August 15, 2024, when a group of elephants entered a residential area on the outskirts of Jhargram town in West Bengal, during which a tusker from the herd 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 alleged that a member of a 'Hulla' party threw a 'mashaal' at a female elephant, causing the burning spike to lodge in her spine, after which the animal collapsed. 

It also referred to a separate incident in April 2023 in the Kalaikunda range of Kharagpur division, Paschim Medinipur, where a herd of elephants was reportedly chased by a 'Hulla' party wielding fire-lit 'mashaals'.

"The continued reliance by the respondent/alleged contemnor on 'Hulla' parties that throw burning 'mashaals' at elephants as the primary tool for the 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.

The plea argued that using 'mashaals', sharp metal rods, fireballs, and other inflammable objects to scare away elephants is not only extremely cruel and barbaric but also inflicts severe mental trauma and physical distress on the animals.

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