Kerala High Court Doubts Validity Of Govt Order Empowering Local Body Heads To Kill Wild Boars
The Kerala High Court on Tuesday (January 21) expressed its doubts on the validity of the Government Order empowering heads of Local Self Government Institutions (LSGIs) to kill wild boars that stray into human settlements and cause damage to life and property.The court was hearing a matter wherein the Forest Department while exercising the power under Section 11 of the Wildlife Protection...
The Kerala High Court on Tuesday (January 21) expressed its doubts on the validity of the Government Order empowering heads of Local Self Government Institutions (LSGIs) to kill wild boars that stray into human settlements and cause damage to life and property.
The court was hearing a matter wherein the Forest Department while exercising the power under Section 11 of the Wildlife Protection Act, 1972 has authorized the heads of all LSGIs as Honorary Wildlife Warden and entrusted them with the power to kill wild boar that stray into areas of human settlements.
The Division Bench of Justice A. K. Jayasankaran Nambiar and Justice Gopinath P. wondered whether such power can be given en masse to all the LSGIs head. The Court observed that under S. 11 of the Act, the power to kill wild animals can be given by the Chief Wild Life Warden to only certain person who possess certain qualification.
“On a perusal of the Government Order, we have our own doubts regarding the legitimacy of such an order, since we find the provisions of Section 11 mandate that the person to be authorized by the Chief Wild Life Warden for hunting any animal or group of animals in a specified area, has to be possessed of certain qualifications and must be one who inspires confidence in the Chief Wildlife Warden. We fail to understand how a blanket order that does not identify any such authorized person by name or qualifications but nearly states the head of the Local Self-Governing Institution without reference to any inherent qualification of that person, can be authorized to hunt any animal/ group of animals in a specified area”, the Court remarked.
The Bench asked the State to submit an affidavit detailing the policy as per which the Chief Wildlife Warden has to exercise his powers under Section 11 of the Act.
The matter will be considered after 2 weeks.
Case Title: M. N. Jayachandran v Union of India
Case No: WP(C) 36422/ 2023