Henceforth, trains passing through dense forests cannot press on the speed pedal as the Supreme Court has recently passed a slew of orders to check elephant deaths on railway tracks.
With 77 cases of elephant deaths reported from country’s tracks between 2007 till date, the Supreme Court, as a measure of urgency, directed Railways and all State Governments to reduce speed limits of trains while passing through dense forests. In the event, the speed limit is violated, “appropriate action should be taken against the erring drivers and officials concerned,” said a bench of Justices KS Radhakrishnan and AK Sikri. The order came on a PIl filed by one Shakti Prasad Nayak.
There is approximately 1,593 kilometres of rail track passing though reserve forests in the country. In West Bengal, the Court found the highest toll of elephant deaths. It directed the West Bengal Government and Railways to together ensure fast moving and night trains passing through Siliguri-Falakata route are diverted. On this track zone, the Court observed nine accident-prone spots.
In addition, the Court directed Railways to “discontinue” movement of good trains during night hours between Siliguri and Alipurduar. While this could be seen as another case of judicial activism, the Government can hardly complain for the reason that at the time when Court considered such a sensitive issue, no counsel from Ministry of Environment and Forests (MoEF) or Railways was present in Court. Stung by Government’s neglect to such a vital cause, the Court directed the Secretary MoEF and an equally ranking official from Railways to remain present in Court on January 21, the next date of hearing.
Relying on an affidavit filed by the Centre, the Court came to know that a coordination meeting was held between Forest Department under MoEF and Railway officials in January this year following which an amount of Rs 241.72 lakh was released by MoEF towards civil structural work. Under the agreement, the North East Frontier Railway Division at Alipurduar has to construct elevated track and elevated corridor with underpasses at nine vulnerable points. The Court was at a loss to ascertain the progress made in this front as nobody from the Ministry was present when the matter was taken up. While summoning the officials, the Court further directed all States to file response in this regard, considering the importance of the matter.
The railways too, in an affidavit filed in Court, proposed measures such as constructing underpass, overpass, grade separator, ramps, and separate elephant paths. In addition, powerful lighting, electronic Intelligence surveillance system and shifting of crops near tracks were other measures proposed to bring down elephant casualties. Seeking a status report by next date, the Court said, “Court would like to know whether they have been implemented and if so, the present state of affairs after the implementation.”