Elephant killed in Kerala: What punishment may be given?

On the eve of "World Environment Day" (June 5), While I am writing this article a Heart Wrenching tragedy is reported from Kerala wherein a pregnant elephant was brutally murdered by some locals. It is alleged that some locals fed her a pineapple stuffed with crackers that caused the death of the elephant. Here in this column, I will discuss the legal aspects that deal with the killing of wild animals.


 

What does the Constitution say?

 

Article 48-A of the Indian Constitution casts a duty on the state to protect, safeguard, and improve the forests and wildlife of the country. 

Article 51-A (g) a fundamental duty has been imposed on every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures. 

(Both the provisions were added in the constitution by 42nd amendment, 1976 during Emergency Era)

 
What do other laws say? 

 

Section 428 of the Indian Penal Code provides punishment for killing or maiming the animal of value Rs.ten or more: 

Imprisonment of either description for a term which may extend to two years or fine or both.


Section 429 of Indian Penal Code provides punishment for killing or maiming the animal of value Rs.fifty or more or any cattle: 

Imprisonment of either description for a term which may extend to five years or fine or both.  

(Both these offences are cognizable, Bailable and compoundable with the owner of the animal)

 

Section 51 of Wildlife Protection Act,1972 provides punishment for Hunting (includes killing or poisoning) of the wild animal : 

Imprisonment of either description for a term which may extend to seven years or fine or both.    

(R/w With Section 2(16), Section 9 and Entry 12-B of Schedule I of Wildlife Protection Act 1972)

 A person can be booked under prevention of cruelty to animals act,1960 under section 11 for cruelty to animals which provided a punishment of fine which shall not be less than Rs. 10/- but may extend to Rs. 50/-. However Punishment may vary from state to state as it is a subject of concurrent list (Wherein both parliament and state legislatures are empowered to enact the laws)

Is there any specific law that deals with the Killing of elephants?

 

No, Earlier there was an archaic legislation, Elephant Preservation Act,1879 which provided a meagre punishment of a fine of Rs. 500/- for killing an elephant. This obsolete legislation was repealed by Parliament in 2015.

What do Courts say?

 

In 2014, in Animal Welfare Board of India v. Nagaraja & Ors.[i] famously known as "The Jalliakattu Case" Honorable Supreme Court held that "Right to Dignity and fair Treatment is not confined to human beings alone but to animals as well." 

 

In 2018 Orissa High court in Narayan Dutt Bhatt v. Union of India & Ors.[ii] Court held that it is the moral duty and legal obligation of the state to protect the right of animals while invoking the principle of parens patriae (the power of the state to act as guardian for those who are unable to care for themselves, such as children or disabled individuals)      

 

In 2019 Punjab and Haryana High Court in Karnail Singh & Ors. v. State of Haryana[iii] invoked the principle of loco parentis (in place of parents) which enables all the citizens of Haryana to act as guardians for all nonhuman animals within the state of Haryana.  

What clarification given by the Kerala Government?  


Meanwhile Indian express reported that Officials in Kerala maintained  that, Krishnan (official who was part of rescue team and posted a story on social media) had not said in his post that the elephant had been deliberately fed a pineapple stuffed with explosives; he had, rather highlighted the dangers of people using explosives to ward off wild animals.
Chief Minister of Kerala, Pinarayi Vijayrajan issued a statement that investigation is underway and asserted that everything possible will be done to bring the "Culprits to Justice".

 (By Nilesh Mulatkar)


[i] 2014(4)FLT618

[iii] 2019 SCC OnLine P&H 704


Comments

  1. Sachin Artani4 June 2020 at 21:38

    Thanks for the information 👍 the content is well formed.

    ReplyDelete
  2. Aman Soni5 June 2020 at 09:45

    Great article.

    That incident is a shame for the whole humanity.
    This type of activity should be punishable.

    ReplyDelete
    Replies
    1. Neye6 June 2020 at 01:21

      They are punishable aman. Concern is only regarding implementation of the law.

      Delete

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