Kerala Forest Department Clarifies Position on Elephant TT1 'Muttikomban' in High Court
The Kerala Forest Department has officially informed the High Court that there is no plan to capture the elephant TT1, popularly known as 'Muttikomban', from the Wayanad forest region. Instead, the department's intention is solely to translocate the elephant away from human habitation after fitting it with a radio collar for tracking purposes.
Court Proceedings and Confusion Over Press Release
The special government pleader representing the Forest Department made these critical submissions in response to a Public Interest Litigation (PIL) filed by the Sama Srishti Federation of Animal Rights Organisations of Kerala, based in Thrissur. The PIL sought a directive to forest officials to refrain from capturing the elephant.
During the hearing, the bench comprising Justices Raja Vijayaraghavan and K V Jayakumar pointed out that a press release issued by the deputy conservator and wildlife warden had created significant confusion regarding the intended operation. The bench noted that the press release made no mention of fitting a radio collar on the elephant and instead referred only to its capture, leading to misunderstandings about the department's actual plans.
Court Directives and Future Proceedings
Subsequently, the division bench directed the Forest Department to file a counter affidavit on or before April 6, clearly outlining the procedure proposed to be followed in this case. The court has adjourned the petition to April 7 for further consideration once the clarification is received.
Translocation Procedure and Medical Considerations
During the hearing, the special government pleader submitted that forest officials plan to adopt the same procedure used for elephant 'Arikomban', which was successfully translocated from Chinnakanal in Munnar to Tamil Nadu. However, he emphasized that the translocation would be subject to the elephant's medical condition after it is tranquilized and captured.
The government pleader further stated that there remains a possibility of up to 10% that 'Muttikomban' may have to be kept in captivity if its medical condition does not permit safe relocation. This contingency plan acknowledges the potential health risks involved in such operations.
Background: Human-Elephant Conflict in Wayanad
'Muttikomban' has reportedly entered farmlands and plantations repeatedly in the Vadakkanad area of Wayanad district, causing:
- Significant crop damage through raids
- Substantial fear among local residents
- Repeated conflicts with human settlements
The immediate trigger for the current move was an incident involving the death of a farmer on March 3. After repeated attempts by forest officials to manage the situation failed, they have now set up a kraal (enclosure) at Muthanga to capture the elephant, which prompted the petitioners to approach the High Court.
Petitioners' Legal Challenges
The petitioners have primarily challenged the decision to capture the elephant, raising several legal arguments:
- They allege there is no material evidence to substantiate the claim that 'Muttikomban' was responsible for the farmer's death on March 3.
- They contend that as an elephant is a Schedule I protected animal under wildlife laws, two separate written orders from the chief wildlife warden are legally required: one permitting the hunt and another authorizing captivity.
- They argue that in the present case, a consolidated order has been passed, which they claim is not in accordance with established legal procedures and protections for endangered species.
The case highlights the ongoing challenges in balancing wildlife conservation with human safety in regions experiencing human-elephant conflict, with the court now seeking clear procedural guidelines before any action is taken.
