Animal Legal Force - ALFI

The Kerala High Court yesterday directed the State government to consider if further conditions have to be issued while granting permission to use forest land for non-forest purposes like shooting movies, so as to ensure that no damage is caused to the forest and wildlife.

Justice Viju Abraham, held thus,

“The respondents are also directed to consider whether any further additional conditions need be imposed in the matter while granting permission to use the forest for non-forest activities like the one done in the present case, so that no damage is caused to the forest and wild life. With the above said direction WP(C) No.7107 of 2020 is disposed of.”

The Petitioner is the General Secretary of an NGO called Animal Legal Force Integration. The allegation raised by the petitioner was that permission was granted for shooting ‘Unda’, a Mamooty starrer Malayalam movie in Parthakochi and Karudukka Reserve Forest under the Kasargode Range Forest. The Petitioner contended that damage was caused due to the film shooting and diversion of forest land for non-forest purposes, which is violative of Forest (Conservation) Act, 1980.

The petitioner had earlier approached the High Court raising his grievance in Angels Nair V The Principal Secretary To Department Of Forest & Wild Life (WPC No. 1645/ 2019. In the earlier writ petition, the Court had directed the Central Government to conduct a “deep seated enquiry" in the matter and to take appropriate action in accordance with law and also to rectify the damages without affecting the ecosystem and the natural attire of the forest. The Ministry of Environment, Forest and Climate Change then submitted a report detailing remedial action. The present writ petition was filed by the petitioner alleging non-compliance of the report by the respondents.

Arguments

The petitioner submitted that the recommendations given in the report submitted by the Ministry of Environment, Forest and Climate were not complied with. One of the recommendations was that the forest officials have to act in due diligence to ensure proper monitoring shooting in the forest land once the permission was granted. The petitioner submitted that no action was taken against the forest officials who did not act in good faith. The report also stated that soil dumped on the road inside the forest by the movie company has to be removed by the forest department and costs incurred can be recovered from the movie company. The petitioner argued that no positive steps were taken to remove the soil from the roads inside the forest.

The respondents submitted that based on the earlier writ petition, a Committee was constituted that conducted enquiry, submitted report and directions were also issued on that behalf. It was submitted that there was no permanent diversion of forest land and there were no major damages to the forest area due to the shooting of the movie. It was also submitted that the Committee had informed the State Government that it can take action against forest officials for dereliction of their duties and based on this direction, show cause notices were issued against the then Divisional Forest Officer, Range Forest Officer and Section Forest Officer.

It was also submitted to the Court that steps have been taken to modify the Government Order G.O(MS) No.37/2013/F&WLD dated March 30, 2013 that permits film shooting by incorporating changes based on the report submitted by the Ministry of Environment, Forest and Climate change.

The Central Government also submitted before the Court that there were no prima facie violations under the Forest (Conservation) Act or other laws.

The state government also submitted that film shooting was undertaken in the forest land after obtaining permissions and there was no violation of any laws, no trees were fallen, no roads were newly constructed, nor any land was cleared for the shooting of the movie.

Findings of the Court

The Court based on the afore submissions found that the necessary action has been taken based on the directions issued by the report submitted by the Ministry of Environment, Forest and Climate change. It further directed the government to consider whether any further additional conditions have to be issued while granting permit to use forest land for non-forest purposes to ensure that no damage was caused to forest land and wildlife from such non-forest activities.

Along with the present writ, the Court also considered another writ petition filed by the Range Forest Officer against whom disciplinary action was initiated by the Government based on the recommendation in the report submitted by Ministry of Environment, Forest and Climate Change.

The Forest Range Officer submitted that permission and sanction for film shooting was given by the Government on the basis of the recommendation of the higher officials and that he has no involvement in it. It was also submitted that he had opposed to the film shooting from the beginning itself. The Court found that the Forest Range Officer performed his duties with utmost sincerity and truthfulness. The Court on finding that there was no dereliction of duty on the part of the Forest Range Officer and that now he has retired from service also, quashed disciplinary proceedings against him.

Case title: Angels Nair V The Principal Secretary
Citation: 2023 LiveLaw (Ker) 432
Case number: WP(C) No. : 7107 Of 2020
Counsel for the petitioner: Advocate Angels Nair
Counsel for the respondents: Advocates P Vijayakumar, Manu S, Special Government Pleader T.P. Sajan
Case title: N Anil Kumar V Union of India
Citation: 2023 LiveLaw (Ker) 432
Case number: WP (C) No. 7059 Of 2020
Counsel for the petitioner: Advocates K P Pradeep, T Thasmi
Counsel for the respondents: Advocate P Vijayakumar, Special Government Pleader T P Sajan

Great Impact for our Plea …

We have approached the High Court to free the two wild elephants, PM2 and PT7 tranquilized captivated in January. The captivation with Kunki elephants was live all the televisions and the doctor in the mission received fabulous greetings. The media news of our petition had changed the mindset of people. The third attempt was the elephant Arikomban in Chinnakkanal area. The court stopped the captivity but ordered to translocate the elephant.

We could stop the speed boat entertainment service in Anayirangal dam through a petition with high court in the name of a local tribal man. Now the place is notified as Anayirakal National Park.

‘Animalistic’ Reply

A reply received from for Animal Husbandry Department after two and a half years.

The interference of the Hon’ble High Court in this matter seems unaware for the department. A reply received from the Under Secretary PN Jayashree on a complaint lodged with minster Mrs. Chinchurani on 22 June 2021.

The animal welfare department had put up posters in veterinary hospitals and offices across the state with an appeal not to give food and water to stray dogs. A poster at Veterinary Hospital at Valayanchirangara, Ernakulam came under the notice of Angels Nair, General Secretary, Animal Legal Force. Accordingly he has lodged a complaint with the minister, stating that the poster was unconstitutional and against the current laws but no action has been initiated. Then he has approached the High Court.

The High Court has issued an order to remove the posters on July 16, 2021. Division bench judges Jayasankaran Nambiar and P Gopinath directed the state government to remove all the posters put up in the state immediately. Further, the court's order said that the suggestion on the poster that pet dogs should be kept only in cages or chains shows the immaturity of the animal welfare department and militates the objectives of the Animal Welfare Board of India.

But the High Court intervened in the incident two and a half years ago and the animal welfare department has not yet come to know about the removal of the poster. The reply said that they realized the mistake and removed themselves. It seems the works in secretariat has been intensified after the minister left the office.

Leopard Cubs Kidnap

The Hon’ble High Court of Kerala has directed the Kerala Forest Department to submit the Standard Operating Procedures (SOP) followed in the leopard cubs snatching incident. A mother leopard had delivered two cubs in an uninhabited house in Palakkad District in January 2022. As informed, the forest officers immediately snatched away the cubs in a card board box. There was no attempt to reunite the cubs with the mother but they prepared to shoot the mother leopard as it raiding regularly in the village. At this juncture we had approached the High Court. The court closed the case by relying the claim that they did follow the SOP, though they never heard about an SOP. We have appealed against the judgment and a favorable order received from Justice Muhammed Mustaq and Sobha Annamma Eappan.

പാലക്കാട് ഉമ്മിണിയിൽ രണ്ട് പുലിക്കുഞ്ഞുങ്ങളെ വനംവകുപ്പ് പിടികൂടിയത് ചട്ടപ്രകാരമോ? വിശദീകരണം നൽകണമെന്ന് ഹൈക്കോടതി; ടൈഗർ കൺസേർവഷൻ അഥോറിറ്റിയുടെ മാർഗ്ഗനിർദ്ദേശങ്ങൾ ലംഘിച്ചെന്ന് പരാതിക്കാരൻ
https://www.marunadanmalayalee.com/story-350962

https://www.thehindu.com/news/cities/Kochi/pt-7-not-being-trained-to-be-made-kumki-elephant-says-forest-department/article67042491.ece

PT-7 not being trained to be made Kumki elephant, says Forest department ‘The elephant, which is in full musth, is being fed regularly and provided veterinary care’

The Elephants captured are not undergoing any Training

The elephants PM2 and PT7 captured in january from Sulathanbathery and Palakkad for make them trained elephants are now undergoing training. A petition filed by
Angels Nair, Animal Legal Force to release the elephants as training and captivity of elephants are illegal. The forest department submitted an affidavit in the high court stated that they are not performing any training on them but caring them with food and medicine.

Debate on proliferation stray dog population. Media ONE channel on 12 JUNE 23
https://www.youtube.com/watch?v=abLQvz55BeY

നായപ്രശ്നത്തിൽ സർക്കാർ എന്തുചെയ്യുന്നു? | Special Edition നായപ്രശ്നത്തിൽ സർക്കാർ എന്തുചെയ്യുന്നു? | Special Edition Malayalam Latest News VideosLog onto MediaOne news...

https://www.deccanherald.com/national/south/arikomban-puts-kerala-government-in-a-catch-22-situation-1208947.html

'Arikomban' puts Kerala government in a catch-22 situation A row over a rogue elephant at Chinnakanal in Idukki district has put the Kerala government in a catch-22 situation.

https://www.outlookindia.com/national/kerala-hc-to-hear-two-pleas-for-release-of-two-wild-tuskers-five-tigers-kept-in-captivity-by-forest-dept-news-274841

Kerala HC To Hear Two Pleas For Release Of Two Wild Tuskers, Five Tigers Kept In Captivity By Forest Dept The Kerala High Court is set to hear two petitions seeking the release of two wild elephants and five tigers currently being held captive by the state's Forest department. The petitioners argue that the captivity of the animals is illegal and violates the Wildlife Protection Act of 1972.

https://www.telegraphindia.com/.../kerala.../cid/1926699

Arikkomban case: Row continues over rice-eating tusker's capture There are differences of opinion with animal lovers advocating for his relocation, while local residents are demanding that he be captured and removed from the area or kept in captivity

https://www.deccanherald.com/national/south/activists-call-for-freeing-of-captive-wild-elephants-tigers-in-kerala-1205171.html

Activists call for freeing of captive wild elephants, tigers in Kerala Amid strong protest by a section of people in Idukki district of Kerala over the High Court declining permission to capture a wild elephant, animal rights activists are urging that two elephants and five tigers that are kept captive by the state forest authorities should be released.

മുത്തങ്ങയിൽ തടവിലിട്ട് കുങ്കിയാന ആക്കുവാൻ പരിശീലിപ്പിച്ചു കൊണ്ടിരിക്കുന്ന ആനകളെ മോചിപ്പിക്കണം: ഹൈക്കോടതിയിൽ ഹർജി

https://www.marunadanmalayalee.com/story-329560

https://newsgil.in/2023/02/05/high-court-intervened-forest-department-filed-a-case-against-vava-suresh/

ഹൈക്കോടതി ഇടപെട്ടു: വാവ സുരേഷിനെതിരെ വനം വകുപ്പ് കേസെടുത്തു | HomeNews February 5, 2023 news_reporter FacebookInstagramTwitterYoutube Latest Posts Kerala പോലീസുകാരുടെ ക്രിമിനല്‍ ബന്ധം; റാങ്ക് വ്യത്യാസമില്ലാതെ നടപടി തുടരാന്‍ നിര്.....

https://thesouthfirst.com/kerala/ngo-files-plea-in-kerala-high-court-over-capture-training-of-2-wild-elephants/?fbclid=IwAR19QxpgyJ4hS3AzHbqmMoq80h9Z1ofmGFiY0cxzfNtWO892Li7DSG3Kz6o

NGO files plea in Kerala High Court over capture, training of 2 wild elephants The petition it is alleged that the capture and subsequent training being provided to the two tuskers was 'illegal'.

Major content in the Interim Order by Kerala High Court Justice Jyasankaran Nambiar and P Gopinath on 16 Sept 2022

The Court interpreted the provisions of the Prevention of Cruelty to Animals Act, 1960 (the 'PCA Act') in the backdrop of the fundamental duties prescribed under the Constitution and held that animals should now be seen as having certain rights, corresponding to the duties that are prescribed for human beings.

Accordingly, it was held that Sections 3 and 11 of the PCA Act recognized five freedoms as inherent in all animals viz. (i) freedom
from hunger, thirst and malnutrition (ii) freedom from fear and
distress (iii) freedom from physical and thermal discomfort (iv)
freedom from pain, injury and disease and (v) freedom to express
normal patterns of behaviour. It was held that the above five freedoms, that were recognised as internationally accepted by the World Health Organization of Animal Health (OIE), were for animals, akin to the rights guaranteed to the citizens of our country under Part III of our Constitution.

നാണം കെടുത്താൻ നായ കടി ഹോട്ട് സ്പോട്ടുകൾ

ഏറ്റവും കൂടുതൽ നായ കടി നടക്കുന്ന 14 ഹോട്ട് സ്പോട്ടുകൾ എറണാകുളം ജില്ലയിൽ പ്രഖ്യാപിച്ചതിൽ ഏഴാം സ്ഥാനത്ത് നിൽക്കുന്ന രായമംഗലം പഞ്ചായത്തിൽ 115 പേരെ ഈ വർഷം ആഗസ്റ്റ് വരെ നായ കടിച്ചു എന്നാണ് ജില്ലാ കളക്ടർ അറിയിച്ചിരിക്കുന്നത്. സത്യത്തിൽ ഈ പഞ്ചായത്തിൽ ഈ വര്ഷം ആരെയും തെരുവ് നായകൾ ആക്രമിച്ചിട്ടില്ല. എറണാകുളം ജില്ലയിലെ ഏറ്റവും നല്ല ആരോഗ്യകേന്ദ്രങ്ങളിൽ ഒന്നാണ് രായമംഗലം പഞ്ചായത്തിൽ ഉള്ളത്.ആയതിനാൽ ദൂരസ്ഥലങ്ങളിൽ നിന്ന് പോലും വാക്‌സിൻ സ്വീകരിക്കാൻ ആളുകൾ ഇവിടെ എത്തുന്നു. ഈ ആരോഗ്യകേന്ദ്രത്തിൽ വാക്‌സിൻ എടുത്തവരുടെ എണ്ണം ആണ് 115.

വളർത്തുനായ, പൂച്ച, മുയൽ, അണ്ണാൻ, ആട്, വവ്വാൽ എന്നീ ജീവികളാണ് ഈ ആളുകളെ കടിച്ചിരിക്കുന്നത്.

https://www.thenewsminute.com/article/irresponsible-reporting-dog-bites-may-backfire-warn-kerala-activists-167841

Irresponsible reporting on dog bites may backfire, warn Kerala activists Print and TV media in Kerala has been filled with the news and visuals of dog attacks in the past few weeks. Animal rights activists are of the view that media coverage of the issue has led to mass hysteria and created hostile sentiments in humans towards street dogs. Calls for massive culling of do...