The Kerala High Court has recently determined that the state government is liable for any damage or loss inflicted upon its citizens by wild animals, affirming that the state acts as the rightful owner and guardian of wildlife.

This ruling was delivered by Justice Mohammed Nias C P, who dismissed an appeal from the forest department opposing a directive to compensate the family of an individual fatally attacked by an elephant in Wayanad in 2001.

The ruling, dated August 21, stated, “It is reasonable to assert that if wild animals, being the property of the Government, cause harm to any citizen or farmers, it is the Government’s duty to take responsibility for the loss, and this, in fact, is a failure of the State Government to protect the right to life guaranteed under Article 21 of the Constitution of India.”

The court further emphasized that citizens are entitled to seek compensation for damages caused by wild animals, regardless of whether such provisions are explicitly outlined in existing government policies or regulations.

According to court documents, the individual was killed by a wild elephant on April 27, 2001, while he was traveling on a road in Chamappara panchayat. His family filed a lawsuit claiming that the Forest Department’s negligence and lack of preventive measures allowed the wild animal to enter human territory.

The government had previously granted the family Rs 20,000 as compensation, but they sought an additional amount, capping their claim at Rs 1.80 lakh. The forest department opposed this claim, arguing that the incident took place on a forest road and that the deceased was under the influence of alcohol and acted negligently. They contended that the compensation sought was excessive and unreasonable.

Both the trial court and district court concluded that the incident occurred on a panchayat road adjacent to residential areas, not within a forested area. The trial court assessed the compensation at Rs 1.98 lakh. After accounting for the Rs 20,000 already paid, the court ordered the government and forest department to cover the remaining balance.

During the high court proceedings, the forest department maintained that the state cannot be deemed responsible as the keeper of wild animals. They highlighted that while the government has a duty to safeguard forests and wildlife as per the directive principles of state policy, citizens also share a constitutional obligation to protect these resources. They argued that the incident was a result of the victim’s negligence, absolving the state of liability.

However, the court reaffirmed the state’s role as the recognized owner and custodian of wildlife, which includes the responsibility to uphold the fundamental rights of citizens. The court stated, “The State has the duty to take due care to avoid human-wildlife conflict. The State must implement adequate measures to prevent wild animals from encroaching on human settlements or farmland.”

The court noted the absence of forest fencing or trenches along the borders of the forest to deter wild animals from entering private lands. It asserted that the argument from the appellants that the wild elephant was not under the control of forest officials did not exempt the state from accountability. “If precautionary measures had been enacted by the Forest Department, this incident could have been averted,” the court remarked.

Furthermore, the court dismissed claims that the compensation awarded was excessive. It stated, “The courts are obligated to ensure that the compensation awarded is just, fair, and reasonable, reflective of the nature and extent of the injury sustained. Compensation must genuinely represent the loss incurred, as the value of a human life cannot be quantified in a manner that fails to acknowledge the depth of the loss.” Consequently, the court rejected the appeal.

Ashish Shaji serves as a Senior Sub-Editor at The Indian Express (Digital), with a focus on legal journalism. He combines his legal education with extensive editorial experience to cover court developments and significant cases.

His expertise includes a law degree (BA LLB) from IME Law College, CCSU, and his work involves simplifying complex court proceedings into accessible legal content. He also manages live blogs from the Supreme Court and various High Courts.

With over five years of experience in the industry, Ashish has contributed to multiple specialized legal and professional platforms, refining his ability to convey intricate information. His previous roles include:

• Lawsikho: Gaining insights into legal education and practical law.
• Verdictum: Reporting on high-quality legal news and court updates.
• Enterslice: Operating at the crossroads of legal, financial, and advisory services.