Saturday, January 31, 2015

Forests belong to animals, tribals who live there, says SC

Indian Express: New Delhi: Saturday, 31 January 2015.
ASSERTING that animals have a first right on forests, the Supreme Court Friday declined a plea by the Kerala government to lift the night ban on vehicles plying through Bandipur Tiger Reserve.
“Forests belong to animals and tribals who live there. But you have carved a road inside that and then want to use it,” observed a bench led by Chief Justice of India H L Dattu.
The application was filed by the Kerala government, seeking a direction from the court to allow vehicles to move in a convoy through the reserve forest thrice during night time. It said the night ban, operative from 6 pm to 9 am, caused major inconvenience to the passengers travelling by road between Karnataka and Kerala since they had to wait at the borders overnight.
Senior advocate Gopal Subramanium, appearing for Kerala, also produced an RTI reply to counter the allegation that a large number of animals had lost their lives because of the night traffic. He referred to the RTI response and said only 14 wild animals died between 2000 and 2012.
The bench however remained unimpressed and refused to lift the ban. At this, Subramanium informed that some alternative routes were also proposed and that the Kerala government has also decided to approach the central government for their approval.
The court adjourned the case by eight weeks after Subramanium asked for more time for deliberation between the state governments and the Centre.
The ban was imposed in June 2009 by the district administration as a protective measure to prevent killing of animals on road through the reserve. The Karnataka government had later withdrawn this order but the High Court restored it.