No State can block traditional routes of elephants: Supreme Court
The Supreme Court held that no state can block or obstruct traditional elephant migration routes (corridors), even citing crop damage or threats to persons and property as justification
The Bench observed that elephant corridors cross state boundaries and cannot be treated as state-specific problems to be unilaterally blockaded
The Union government was directed to conduct a fresh, nationwide survey of elephant corridors and file a comprehensive status report on steps taken to remove obstructions
The Court directed authorities to ensure a ban on the use of fireballs, burning mashaals (torches), iron spikes/rods, and similar methods used to drive elephants away, including by informal "hulla parties"
The order was passed on a writ petition concerning human-elephant conflict and corridor protection
Elephant Corridors and the "Right of Passage" Framework
An elephant corridor is a narrow strip of forest or other habitat that connects two larger elephant habitats, allowing seasonal or ranging movement of elephant herds, often across state or even international boundaries. India's elephant corridors were comprehensively mapped by the Wildlife Trust of India (WTI) in its "Right of Passage: Elephant Corridors of India" report, prepared in consultation with state forest departments across the elephant range.
Key Details
- The second edition of "Right of Passage" (WTI, with Project Elephant/MoEFCC) identifies 101 elephant corridors across India
- Corridors are secured through models including private land purchase, community easements/benefit-sharing, and government acquisition/notification
- Elephants (Elephas maximus) are listed in Schedule I of the Wildlife (Protection) Act, 1972, giving them the highest level of legal protection
- IUCN Red List status of the Asian elephant: Endangered
The Court's direction for a fresh nationwide survey builds directly on this existing corridor-mapping exercise, seeking an updated, legally actionable status report on obstructions along the 101 (or more) identified corridors.
Project Elephant and Legal Protection under the Wildlife (Protection) Act, 1972
Project Elephant is a centrally sponsored scheme launched by the Ministry of Environment, Forest and Climate Change (MoEFCC) to protect elephants, their habitat, and migration corridors, and to address human-elephant conflict. Elephant Reserves are notified administratively (not under a specific statutory schedule like Tiger Reserves under Section 38V of the Wildlife (Protection) Act) but corridor protection draws on the general habitat-protection and species-protection provisions of the Act.
Key Details
- Project Elephant launched in 1992 by the Ministry of Environment and Forests
- It supports states in managing elephant reserves, mitigating human-elephant conflict, and anti-poaching/anti-trafficking of ivory
- Elephants enjoy Schedule I status (Wildlife Protection Act, 1972), on par with tigers, prohibiting hunting and trade except under narrow statutory exceptions
- Unlike Tiger Reserves (statutorily defined core-buffer areas under Section 38V), Elephant Reserves lack a comparable dedicated statutory framework — a gap frequently flagged in conservation policy debates
The Court's order to eliminate the use of fireballs, spikes, and organised drive-away practices strengthens on-ground enforcement of the Schedule I protection elephants already enjoy under the 1972 Act, closing an implementation gap rather than creating new law.
Human-Wildlife Conflict Mitigation Framework
Human-wildlife conflict, particularly involving elephants, is managed through a mix of compensation schemes, early-warning systems, and corridor/habitat protection, coordinated between state forest departments and the Centre (MoEFCC/National Board for Wildlife).
Key Details
- The National Board for Wildlife (NBWL), constituted under Section 5A of the Wildlife (Protection) Act, 1972, advises on conservation policy including corridor protection and mitigation strategies
- States commonly deploy compensation schemes for crop and life loss due to elephant incursions, alongside physical barriers (solar fencing, trenches) as legally sanctioned alternatives to blockading corridors
- The Court's order effectively distinguishes between lawful mitigation measures (fencing, compensation, early warning) and unlawful ones (corridor blockades, fireballs, spikes)
By banning fireballs and spikes while ordering a corridor survey, the Court is steering states toward the sanctioned mitigation toolkit rather than ad hoc, harmful deterrent methods.
- 101 elephant corridors identified nationally in WTI's "Right of Passage" (2nd edition) report, prepared with Project Elephant/state forest departments
- Elephants (Elephas maximus) are Schedule I species under the Wildlife (Protection) Act, 1972; IUCN status: Endangered
- Project Elephant was launched in 1992 by the (then) Ministry of Environment and Forests
- National Board for Wildlife constituted under Section 5A of the Wildlife (Protection) Act, 1972
- The Bench comprised the Chief Justice of India along with two other judges, hearing a writ petition on human-elephant conflict and corridor protection