Wild Animals Purged

Institute for Natural Resources Conservation, Education, Research and Training, (INCERT), Bangalore was founded in the year 2000 by Dr Yellappa Reddy, whose is now the chairman of Bangalore Environment Trust (BET). The leading researcher S. Sridhar is also a trustee of BET. A small note on the DR Yellappa Reddy and S. Sridhar are at the bottom of the post

INCERT has been studying the man-elephant confrontation in and around Bannerghatta national Park since the mid-nineties. INCERT’s Investigative report is reproduced here with the permission of the author. 

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INCERT Investigative Report Dated 29th September 2001

By V. Sudhiendra and S. Sridhar

The forest department has done it again! Amid squeals of protests from environmentalists and the villagers alike, the department has gone ahead with the construction spree. Recently it built a large enclosure to house the confiscated circus lions and tigers. Presently they have almost completed a Bear enclosure, a Tiger enclosure and tourist cottages inside the Bannerghatta National Park. All the above constructions have been put up in clear violation of the Wildlife (Protection) Act, Forest (Conservation) Act and directions of the Supreme Court issued recently.

During September 2000 INCERT had furnished photographic evidence of bulldozing of fifty acres of prime wild elephant habitat inside the Bannerghatta National Park, to facilitate a new bear enclosure. INCERT had launched a webiste with 50 photographs depicting the mindless damage to the forest in the Kenchebayalu area of Ragalli beat inside the Bannerghatta National Park.

Violation of the Wildlife (Protection) Act:

After the newspaper reports, the department ceased the activities for a few months, but started the bulldozing and construction activities afresh in recent months. The activities included removal of trees and shrubs using bulldozers and JCB, digging trenches by dynamiting, putting up stone slab barricades around the bear enclosure, construction of 1.4 km long road from the Hakkipikki colony by removing the tree cover etc., and were taken up in full swing. The constructions are nearing completion at present. All these activities are prohibited under the following sections of the Wildlife (Protection) Act.

Section 35 (6) reads as follows:- "No person shall destroy, exploit or remove any wildlife from a National Perk or destroy or damage the habitat of any wild animal or deprive any wild animal of its habitat within such National Park except under and in accordance with a permit granted by the Chief Wildlife Warden and no such permit shall be granted unless the State Government, being satisfied that such destruction, exploitation or removal of wildlife from the National Park is necessary for the improvement and better management of wildlife therein, authorizes issue of such permit.

Bulldozing and removal of trees and construction of cages inside the National Park can under no stretch of imagination be termed as for improvement and better management of wildlife therein, these activities can certainly be termed as contravention of the Wildlife (Protection) Act.

The elephant herds especially the herds with young calves, will certainly panic and tend to stray to neighboring forests and agricultural fields, on account of the continuous roaring of around 150 lions and tigers, to be housed in the cages presently being constructed in the bulldozed area.

The enclosures are meant for housing bears confiscated from road side performers from all over India and circus tigers being procured from Europe. The animals thus brought from elsewhere cannot be termed as "Wildlife therein". Moreover they will be held under captive conditions which in itself is violative of Section 9 of the Wildlife (Protection) Act, which specifically mentions that "No person shall hunt [Sec. 1 (16) capture, kill, poison, snare, trap or attempt to do so]".

Also the Wildlife (Protection) Act has defined [Sec 1 (5)] that captive animals include animals captured or bred in captivity. Bears and tigers being kept in enclosures are captive animals as defined under the Act and are not "Wildlife therein". The wildlife therein comprise free roaming wild elephants, jackals, leopards etc., all of which were deprived of their natural habitat by removal of trees and construction activities, which are violative of the Wildlife (Protection) Act as explained above.

In addition, Section 32 of Wildlife (Protection) Act has banned use of injurious substances : No person shall use, in a National Park or a sanctuary, chemicals, explosives or any other substances which may cause injury or endanger any wildlife in the National park or Sanctuary. But explosives and dynamites were used freely and copiously, to blast rocks during trench digging operations inside the National Park.(see Photos). This is also a clear violation of the Wildlife (Protection) Act.

Violation of the Forest (Conservation) Act:

Sec 2 (ii), (iii) and (iv) have clearly banned all non forest activities and clearing of trees which have grown naturally in any forest, without the prior approval of the Central Government.

Violation of the directions of the Supreme Court:

The Supreme Court has also imposed an absolute embargo on the removal of even dead and wind-fallen trees etc. from any National Park or Sanctuary in its order dated 14th Feb 2000.

The Solicitor General of India Shri Harish N Salve had written to the Addl IGF (Wildlife) Ministry of Environment and Forest on 18th July 2000 as follows:-

"...Section 29 of the Wildlife (Protection) Act prohibits absolutely the grant of permission "by the State Government or the Chief wildlife Warden, for any activity which damages the habitat of any wild animal within such sanctuary unless such activity is necessary for the better management of the wildlife itself. A similar prohibition in relation to national park is provided under section 35(6)..."

".. In any event the Supreme Court has also imposed an absolute embargo on the removal of even dead and wind-fallen trees etc. from any National park or Sanctuary in its order dated 14th Feb 2000."

"... I would suggest that whenever a permission is sought, you may ask the applicant to first seek clearance of the Supreme Court. If the Supreme Court directs the grant of any such permission even clears the grant of any such permission then the matter can be considered. This may be the course of prudence to be adopted in this matter", the Solicitor General had observed in his letter.

But to everyones anguish no such course was taken before bulldozing the trees and constructing the buildings inside the Bannerghatta National Park The Forest Department has shown chronic reluctance to adhere to the legal framework and the Supreme Court directions.

They have purged the Bannerghatta National park of its wild animals, which is evidenced by the death of a dozen elephants between Jan-and May 2001, the death of atleast two villagers due to trampling by the wild elephants and the increasing instances of crop raiding by the elephants, which were forced to come out of the Bannerghatta National Park.

Man-elephant conflict escalation Imminent?

At present INCERT investigation team is following the movements of two tuskers and two female elephants which are currently residing close to the bulldozed area and shivering in their death throes, as the electrified fences around the agricultural fields are ready to take a toll of these pachyderms. Environmentalists have every reason to believe that such non forest activities have radically diminished the native wildlife in the Bannerghatta National Park area.

Tender Norms Flouted?

It is reliably learnt that around Rs 2 crores were spent by the department towards bulldozing and construction of the enclosures. The funds were procured from various funding agencies from India and abroad. Discreet enquires revealed that tenders were not called for this project but entrusted to a private contractor by flouting all tender procedures.

We are pleased to inform you that INCERT had created the following websites,

having photos and other information on the bulldozing activities which took place in the Bannerghatta National Park, during September 2000, but the authorities had ceased the operations after pressure from environmentalists, but began the construction activites in August 2001.

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A small note on Dr Yellapa Reddy:

DR Yellapa Reddy retired as PCCF (Forests) and Secretary to Government of Karnataka. He served as the Secretary to the Department of Ecology and Environment from 1992 to 1995. The Karnataka High Court nominated him as a Conciliator in the High court Lok Adalat. He is also a visiting professor in the National Law School of India university, Bangalore.Has been involved in various environmental concerns for the past 50 years in Bangalore.

A small Note on S. Sridhar:

Was an Associate of the Royal Photographic Society. A noted bird photographer and publisher of “Newsletter for Birdwatchers”