Monkey Menace: Telangana HC Issues Directions To State To Take Action, Conduct Comprehensive Monkey Census & Identify Problem Areas
The Telangana High Court while dealing with the Public Interest Litigations relating to the monkey menace has issued some directions to the State Government to take action against the same. It has ordered to conduct comprehensive monkey census and identify the problem areas or locations.
A Division Bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar said, “The State Government shall rope in the expert bodies to comprehensively study the human-wildlife crisis and shall sensitise all the stakeholders as well as local population about human-wildlife conflict. … The State Government shall conduct comprehensive monkey census and identify the problem areas/locations.”
The Bench directed that the State Government shall also consider putting up of barriers to protect the crop-fields and solar fencing which is not lethal to the animals but deters the animals from entering the crop fields.
Advocates V. Brahmaiah Chowdary and Setty Ravi Teja appeared on behalf of the petitioners and Government Pleaders M.Sudharshan, T.Srikanth Reddy, N.Praveen Kumar, and Pasham Krishna Reddy appeared on behalf of the Forest, Revenue, Health, Medical and Family Welfare Department, and Municipal Administration and Urban Development Department. Standing Counsel Chatla Madhu, appeared for the GHMC and Advocate Divya Adepu was the Amicus Curiae.
A petition under Article 226 of the Constitution was filed praying for the issuance of writ, order or direction in the nature of Mandamus, declaring the action of the respondents in not taking any action in pursuance to the Notice/representation on behalf of the petitioner seeking to pay compensation for the damage of crops raised in his land of Tirumalayapalem village & mandal, Khammam District.
The petitioner prayed to take measures for controlling the Monkeys which were damaging the grown up crops and to save the life and limb of the farmers, students and the patients by taking a permanent solution and to pay the compensation for the crops which were damaged by the attack of the monkeys as being illegal, arbitrary and in violation of principles of natural justice and fair play apart from in violation of Articles 14 and 21 of the Constitution and consequently direct the respondents to take immediate steps in pursuance to the said representation/Notice.
The High Court in the above regard noted, “The Wild Life (Protection) Act, 1972 (hereinafter referred to as ‘the Act’) was enacted with an object to provide for protection of wild animals and birds and for matters connected therewith and incidental thereto. Rhesus Macaque and Bonnet Macaqueare are most common and widely found species in India which are listed under Schedule-II, Part-I of the Act. Section 62 of the Act deals with the declaration of certain animals wild to be vermin. Section 62 of the Act enables Central Government by notification to declare any wild animal other than those specified in Schedule I and Part II of Schedule II to be vermin for any such area and for any particular period, the notification is in force. The Central Government from time to time on the recommendations made by the State Government has declared various wild animals like Monkey, Wild Boar and Nilgai as vermin for a specified period in particular States.”
The Court observed that the issue whether the wild animals declared as vermin under Section 62 of the Act can be treated as violation of Prevention of Cruelty to Animals Act, 1960 and Articles 14, 21, 48A and 51(g) of the Constitution of India is pending adjudication in W.P. (C) No.673 of 2020 before the Supreme Court.
“The State Government shall consider growing up of the fruit bearing trees in forest areas to carry out re-allocation of monkeys to nearby forest areas while adhering Transportation of Animal Rules, 1978. … . The State Government shall also undertake training programmes to train personnel involving catching of the monkeys and demarcate the wild areas for the translocation of the monkeys”, ordered the Court.
The Court further directed that the State Government shall formulate effective financial compensation schemes to the affected parties due to human wildlife conflict and shall set up a helpline number to give it wide publicity to receive information about sick and injured monkeys
“The State Government shall formulate a Standard Operating Procedure (SoP) for capture and release of monkeys by the Forest Department, Greater Hyderabad Municipal Corporation and Urban Local Bodies. Such SoP shall also deal with specifications regarding capturing cage”, also added the Court.
Accordingly, the Court listed the matter on September 13, 2023.
Cause Title- Srinivasa Rao v. The State of Telangana & Ors.
