The recent killing of a tigress “Avni” by a State Government-hired sharpshooter in the forests of Maharashtra’s Yavatmal district early this month has prompted a social and RTI activist to move the Bombay High Court seeking formation of a Special Investigation Team (SIT) to investigate the "unnatural deaths" of Schedule-I animals in Maharashtra and Goa since 2011.
In his public interest litigation, petitioner Nitin Despande also urged the high court to ensure adherence to the Wildlife Protection Act, 1972, Standard Operating Procedures as laid down by the National Tiger Conservation Authority, Guidelines for human-leopard conflict management (2011)and any other existing guidelines, procedures and protocols before taking any action against Schedule-I animals in Maharashtra and Goa.
Tigers, Lions, Leopards, Cheetah, wolf and deer are among others are categorized under the Schedule I of the Wildlife Protection Act, 1972, with highest statutory protection against hunting.
Dr. Sujay Kantawala and other lawyers representing Deshpande made a mention of the PIL before a HC division bench comprising Justice Ranjit More and Justice Revati Mohite-Dhere on Thursday. The case is expected to come up for hearing before the HC bench on December 12.
The respondents in the case are Union of India, National Tiger Conservation Authority (NTCA), Maharashtra Government, its Principal Chief Consevator of Forest and Chief Wildlife Warden, Goa Government, its Principal Chief Conservator of Forest and Chief Wildlife Warden, Zoological Survey of India and Wildlife Crime Control Bureau.
The petitioner stated that he had filed the PIL to prevent flagrant miscarriage of justice as may be occasioned if the hunting and brutal killing of the Schedule-I animals was not transferred to an independent, impartial and a separate investigating team/agency.
“It is paramount that a fair, impartial, independent and thorough probe is conducted by a separate investigating team/agency to look into unnatural killing and hunting of Schedule-I animals in the absence of which it may not be possible to ascertain the true and actual facts and events which have given life to the present situation nor would it be possible to devise an effective solution to remedy the damages caused,” Deshpande stated.
The petitioner pointed out that during the year 1950, according to the British hunter, tracker and conservationist Jim Corbett, the population of tigers was 18,000 and gradually reduced to 2226 in 2015 as per the World Wildlife Foundation (WWF). However, 65% of the tiger population is found in India.
“According to the statistics provided by Wildlife Protection Society of India the killing and unnatural deaths of leopards in India has increased from 118 in the year 2014 to 159 in the year 2017 and that of gigers has increased from 26 tigers in the year 2015 to 50 tigers in 2016. Thus, showing the increase in the unnatural killing of Schedule I animals," Deshpande stated.
The petitioner submitted that as per the Status of Tigers, Co-predators and Prey in India, 2010 report by World Wild Foundation (WWF) and Wildlife Institute of India (WII), Maharashtra has a forested area of 50650 sq km constituting 16.46 per cent of the total geographical area of the state. The state has 4 tiger reserves, 6 National Parks and 35 Wildlife Sanctuaries administered by 14 Forest Divisions. Similarly, Goa covers an area of 2151 sq km i.e. approximately 58% of the State’s total geographical area. The state has 1 National Park and 6 Wildlife Sanctuaries.
"There is a grave possibility that the real factual position of the implementation and *compliance to various laws and Standard Operating Procedures may not be followed and hence the ruthless killing and hunting of Schedule-I animals will continue in disregard of the same which would further lead to extinction of the endangered species and permanent loss and damage to the biodiversity of our country," the petition stated, as it made a case for an SIT probe under a retired judge of the Bombay High Court.
It may be recalled that the elusive tigress T1, better known as Avni of Pandharkawada hills - that had allegedly mauled as many as 13 persons to death during the past two years in Yavatmal district in Vidarbha region in Maharashtra – was shot dead by a state government-hired sharp shooter Asgar Ali, son of controversial sharp-shooter Nawab Shafath Ali Khan from Hyderabad, in the compartment number 149 of Borati forest on the night of November 2, after a massive 53-day hunt.
Alluding specifically to the elimination of tigress “Avni”, the petitioner stated that as per the NTCA guidelines, an authorized Veterinarian should be present at the time of tranquilizing and capturing of any Schedule-I animal. “However, during the tigress T-1’s killing on 2nd November, 2018 there were no Veterinarian(s) present to conduct the operation as per the Guideline and that Respondent No.3 (the Maharashtra government) has no permanent Veterinarian(s).
Deshpande said that as per Section 11 of the Wildlife Protection Act,1972 only the Respondent No.5 (Chief Wildlife Warden) could initiate the orders to kill/execute any Schedule-I animal which has become a danger to humans.
"However, in the case of the killing of T-1 tigress, Respondent No.4 (Principal Chief Conservator of Forests) had initiated the order. This calls for constitution of a committee of experts for reviewing and authorizing such orders," the petitioner added.