Supreme Court Adjourns To Next Week PIL Seeking Directions To Control Uttarakhand Forest Fires In The State

A Bench headed by Chief Justice of India SA Bobde was informed by the Petitioner-in-Person Rituparn Uniyal that the Uttarakhand High Court had already given directions in the issue in 2016.

Accordingly, the Court directed Uniyal to bring that plea on record and adjourned the matter to next week.

Uniyal, a native of Tehri Garhwal in Uttarkhand, moved the Court after media reports showed up some disturbing figures that as many as 1451 incidents of forest fires were reported in Uttarakhand in 2019.

He cited media reports according to which Uttarakhand had lost 44,000 hectares of forest covers to fire which is roughly equivalent to 61,000 football fields ever since year 2000 when it was conferred Statehood.

The Petitioner has prayed to the court that the entire animal kingdom, including the avian and aquatic specie,s be declared a legal entity with corresponding rights and liabilities. He also sought probe into the land and timber mafias behind many of these forest fires.

Invoking the doctrine of Parens Patriae, the Petitioner submitted that the Supreme Court had itself held in Animal Welfare Board of India vs. A. Nagaraja & others that Article 21 of the Constitution, while safeguarding the rights of humans, protects life and the word "life" has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, including animals life, which are necessary for human life, fall within the meaning of Article 21 of the Constitution. "Life" means something more than mere survival or existence or instrumental value for human beings, but to lead a life with some intrinsic worth, honour or dignity. All the animals have honour and dignity.

"Thus, in order to protect and promote greater welfare of animals including avian and aquatic, animals are required to be conferred with the status of legal entity/ legal person", submits Uniyal.

It may be noted here that the Uttarakhand High Court had in July, 2018 declared for the entire animal kingdom to be a legal entity with the rights of a living person.