bombay high court - indian snakes
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IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELATE JURISDICTIONWRIT PETITION NO.8645 OF 2013
Gramsabha of village Battis Shirala ...Petitionervs.Union of India & Ors. ...Respondents
ALONG WITHPUBLIC INTEREST LITIGATION NO.75 OF 2011
Ajit Shridhar Patil & Ors. ...Petitionersvs.Union of India and others ...Respondents
Mr.S.R.Borulkar a/w Mr.Manoj Patil i/b Ms Deepa Vagyani and Sachin M. Patil for the Petitioner in PIL 75 of 2011Mr.J.Shekhar and Ms Manisha Shekhar i/b J. Shekhar & Company for the petitioner in W.P.No.8645 of 2013and for the respondent No.12 in PIL No.75/2011Mr.Dhanesh Shah for respondent No.1 in PIL No.75 of 2011Mr.J.S.Deo, AGP for respondent No.2 to 11 in PIL No.75/2011 and for respondent Nos.2 to 8 in W.P.No.8645/2013Mr.D.A.Athawale and Mr.Dhanesh Shah for respondent No.1 in W.P.No.8645 of 2013.
CORAM : A.S.OKA, & A.S.CHANDURKAR, JJ.
DATE : JULY 15,2014
ORAL JUDGMENT :(Per A.S.Oka,J.)
1 On the last date, We had extensively heard the
submissions of the learned counsel for the
petitioner in Writ Petition. We had put the parties
to the notice that the Writ Petition will be heard
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finally. Today we have heard his further
submissions. We have also heard the learned counsel
for the petitioner in PIL. We have also heard the
learned counsel for the petitioner in Writ Petition
(the respondent No.12 in the PIL) on the PIL.
THE FACTS AND SUBMISSIONS IN PIL
2 This PIL is filed for inviting the attention of
the Court to the fact that the villagers of Battis
Shirala in District Sangli are committing breaches
of the provisions of the Wildlife (Protection)
Act,1972 (for short “the said Act of 1972”). It is
pointed out that every year on the fifth day of
Hindu month Shravan, festival of “Nagpanchami” is
celebrated. The practice followed in the village is
set out in the petition. It is pointed out that
from the day of `Bendur' which comes 20 days prior
to Nagpanchami, the villagers of Battis Shirala
start hunting and capturing the snakes of the
categories Indian Cobras and Dhaman from the forests
and adjacent areas. From that day, the captured
Indian Cobras are detained in mudpots, gunny bags
etc. It is pointed out that on the day of
Nagpanchami, the snake charmers go from the house to
house and allow people to worship the captured
Cobras. They collect money and other articles from
the people. As regards the practice followed by the
villagers in the village Battis Shirala, material
averments are in clause (A) of paragraph 2 of the
petition which is reproduced as under:
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“A] Battis Shirala, Dist.Sangli:
Battis Shirala village is Taluka in
Sangli District of South Maharashtra. The
village has the population of about 25,000
people approximately. It enjoys the
distinction of housing the worlds largest
collection of snakes more particularly snake
Cobra and Dhaman. The villagers of Battis
Shirala catch/hunt/capture these snakes and
perform and exhibit them before the visitors
and public and create Hypnotic sounds with
play pots on Nagpanchami day. The festival
of Nagpanchami is celebrated with its
ritualistic fun fare in the village. Earlier
few snake charmers would bring snakes in the
Cane baskets and women use to perform puja of
god snakes. This custom of worshiping the
snakes brought by the snake charmers grew in
many folds and took an ugly turn in last few
years. In village Battis Shirala the
villagers and the volunteers of various
Nagmandals from the month of July, more
specifically from the Bendur day start
hunting/capturing snakes by destroying their
habitats in the vicinity of village Battis
Shirala. Small groups and Nagmandals have
been formed. There are approximately 100 to
125 Nagmandals in the said village Battis
Shirala. The villagers as well as the
volunteers of the Nagmandals hunt/capture
near about 800 to 1000 snakes more
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particularly Cobra and Dhaman every year on
the occasion of the Nagpanchami. After
hunting/capturing these snakes the villagers
and volunteers of these Nagmandals confine
the protected species under the act in a most
inhabitable and congested place like Cane
basket, Gunny bags, Plastic bottles/jar and
clay pots for a period of 20 to 30 days. On
the Nagpanchami day these snakes are
exhibited to the public and to the visitors
at large and live processions of these snakes
are carried out on trucks, tractors, etc. The
snakes are also exhibited in the Mandaps for
the public exhibition and entertainment.
Prizes are sponsored by various political
parties, peoples and groups, for appropriate
suitable Nagmandals and or volunteer and or
villager who has hunted larger snakes in
order to gain awards, money etc. these
volunteers of the Nagmandals commit various
kinds of cruelty on the snake in as much as
the Cobra and other snakes are forced to do
various kinds of acrobats to entertain the
public at large. The volunteers of the
Nagmandals and villagers for the sake of
entertaining the public and gaining the
profit commit various acts of cruelty on the
captured snakes viz:
(A) Compel the protected species Cobra and
Dhaman to make such moments which will look
like as if the snake is dancing on the tune
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of music.
(B) Forcing the protected species Cobra and
Dhaman to bite clay pots.
(C)Putting the snakes on the person and
taking photograph and dancing in the
procession.
(D) Compelling the protected species Cobra
and Dhaman to do certain kind of acrobats and
keeping their competitions and prizes for
them.”
In paragraph 3 of the PIL it is
stated thus:
“3 The petitioners submit that the
aforesaid activities are undertaken by the
volunteers of the Nagmandals and the
villagers of Village Battis Shirala in order
to entertaining the public at large and to
gain huge profits.”
3 The petitioners in the PIL are claiming to be
activists. The attention of the Court is invited to
various provisions of the said Act of 1972 and in
particular subsection 16 of Section of 2 which
defines “hunting”. The attention of the Court is
also invited to the definition of “captive animal”
in subsection 5 of section 2 of the said Act of
1972. The petitioners have pointed out the
definition of “wild animal” incorporated in sub
section 36 of section 2 of said Act of 1972.
Reliance is also placed on section 9 of the said Act
of 1972 which provides that no person shall hunt any
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wild animal specified in Schedules I, II, III and IV
except as provided under sections 11 and 12. It is
pointed out that hunting of Indian Cobras is not
covered either by section 11 or 12 of the said Act
of 1972. The grievance in the petition is that the
powers under sections 50 and 51 are not being
exercised by the Officers of the Forest Department.
It is pointed out that under the said Act of 1972,
there are elaborate provisions for prevention and
detection of offences. It is pointed out under
section 51 of the said Act of 1972, contravention of
any of provisions of the said Act of 1972 is made an
offence which attracts imprisonment which may extend
to 3 years or fine of Rs.25,000/ or both. It is
pointed out that if the offence is committed in
relation to any animals specified in Schedule I or
Part II of Schedule II, it becomes an aggravated
offence. It is pointed out that Indian Cobras and
Dhamans are in Part II of Schedule II and,
therefore, the offence in relation to Indian Cobras
will attract higher punishment as specified in the
first and the second provisos to sub section(1) of
section 51.
4 Reliance is placed on various orders passed by
this Court in relation to practices followed on the
day of Nagpanchami. It is pointed out that under
the interim orders of this Court, procession with
exhibition of snakes and the display of the snakes
on any vehicle have been already prohibited.
Reliance is placed on the Gazetteer of the Bombay
Presidency published by the Government and
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especially the part relating to village Battis
Shirala which does not take a note of the present
practice of hunting the snakes for temporary period.
Reliance is placed on the book “Dharmashastracha
Ithihas” (the History of Dharmashastras) written by
famous jurist Bharat Ratna Dr.P.V.Kane for pointing
out that catching the Indian Cobras or snakes is not
at all a part of the religious ceremony to be
performed on the day of Nagpanchami. Therefore, a
writ of mandamus is sought for the implementation of
the provisions of sections 50 and 51 for preventing
illegal hunting of snakes at Battis Shirala and
other villages. The prayer for interim relief is in
the same terms.
THE FACTS AND SUBMISSIONS IN WRIT PETITION
5 In Writ Petition No.8645 of 2013 which is filed
by the Gramsabha of Battis Shirala, the challenge is
to the constitutional validity of subsection 16 of
section 2 of the said Act of 1972 on the ground that
the same infringes the fundamental rights of the
members of the petitioners under Articles 25 and 26
of the Constitution of India. Various averments
have been made in the said petition as regards the
tradition followed during the celebration of
Nagpanchami. It is pointed out even the Committee
appointed under the orders of this Court recommended
that the organizers of Nagmandals should be allowed
to capture 5 Cobras for 10 days prior to the
festival and release them 2 days after the festival.
It is pointed out that the capturing Cobras for
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temporary period for the purposes of festival and
worshiping live Cobras is an essential part of the
tradition and religious practice followed by the
villagers. Reliance is placed on the text of
“Shrinath Lilamrut” compiled/edited by Shri
Ramchandra Chintaman Dhere which refers to the
performance of pooja of a live Cobra during the
festival of Nagpanchami. It is contended that
capturing a Cobra for temporary period and
worshiping live Cobra is an essential part of the
religious festival of Nagpanchami and, therefore,
subsection (16) of section 2 of the said Act of
1972 infringes the fundamental rights of the members
of the petitioner conferred by Article 25 and 26 of
the Constitution of India to the extent to which
capturing of Cobras for a limited duration without
causing them any hurt has been included in the
definition of hunting in subsection 16 of section 2
of the said Act of 1972. Reliance is placed on
various decisions of the Apex Court on the Articles
25 and 26 of the Constitution of India.
REPLY OF THE STATE GOVERNMENT
6 The learned AGP representing the State has
relied upon the affidavit filed in PIL No.75 of 2011
of Shri Khudbuddin Gulab Mujawar, Sub Divisional
Officer, Sangli and in particular statements made in
paragraph 6 thereof. It is stated that the local
residents of Battis Shirala and nearby villages
catch snakes after Bendur Festival which will be on
11th July 2014. It is stated in the affidaivit that
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the if the persons catching the snakes are arrested
immediately, it will be a very effective way of
controlling the situation. Another contention raised
in the affidavit is that it is almost impossible to
take action against the villagers for violating the
law on the very day of Nagpanchami as there is
always a huge mob of persons who may create law and
order situation.
CONSIDERATION OF SUBMISSIONS
7 We have carefully considered the submissions.
The said Act of 1972 has been enacted for the
protection of the wild animals, birds and plants
with a view to ensuring the ecological and
environmental security of the country. Under sub
section (1) of section 2, the word animal is defined
which includes mammals, birds, reptiles,
amphibians, fish and other chordates and
invertebrates and their young as well as eggs.
Subsection (16) of section 2 reads thus:
“2 (16) “hunting”, with its grammatical
variations and cognate expressions,
includes,
(a) killing or poisoning of any wild
animal or captive animal and every
attempt to do so;
(b) capturing, coursing, snaring,
trapping, driving or baiting any wild or
captive animal and every attempt to do
so;
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(c)injuring or destroying or taking any
part of the body of any such animal or,
in the case of wild birds or reptiles,
damaging the eggs of such birds or
reptiles, or disturbing the eggs of
nests of such birds or reptiles”
8 Thus, from the definition of hunting, it is
apparent that every act of capture of wild animals
or captive animals amounts to hunting. Thus, the
fact that the capture is on a temporary basis for a
short period makes no difference. Such a capture of
wild animals or captive animals even for a few days
is a hunting within the meaning of the said Act of
1972. The subsection (36) of section 2 defines wild
animal as an animal specified in Schedules I to IV
and found wild in nature. The entry Nos. 9 and 12 in
Part II of Schedule II are of “Dhaman or rat
snake(Ptyas mucosus)” and “Indian Cobras(all sub
species belonging to genus Naja)” respectively. it
is not even disputed that snakes Dhaman and Indian
Cobras are included in the definition of wild
animals in Subsection 36 of section 2 of the said
Act of 1972.
Section 9 of the said Act of 1972 reads thus:
“9 Prohibition of hunting: No person
shall hunt any wild animal specified in
Schedules I, II, IIIwp10388 and IV except
as provided under section 11 and 12”.
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9 Thus, the hunting of Dhamans and Indian Cobras
is completely prohibited under section 9. Hunting
includes capturing. It is not disputed that the
sections 11 and 12 which are the exceptions to
section 9 are not applicable in present case.
Hence, the capturing or trapping of Dhamans and
Indian Cobras even for celebrating Nagpanchami is
completely prohibited by section 9. It is not
disputed that the villagers of the said village are
involved in the activity of capturing or trapping
the Indian Cobras and other snakes such as Dhamans.
Thus, the activity carried on by the villagers is
completely prohibited by virtue of section 9 of the
said Act of 1972.
10 Now we proceed to examine the challenge to
the provisions of subsection (16) of section 2 on
the ground that the same infringes Articles 25 and
26 of the Constitution of India. Though the
challenge is based on both the Articles, what is
pressed into service at the time of submissions is
the Article 25 of the Constitution of India which
reads thus:
“25. Freedom of conscience and free
profession, practice and propagation of
religion
(1) Subject to public order, morality and
health and to the other provisions of this
Part, all persons are equally entitled to
freedom of conscience and the right freely
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to profess, practice and propagate
religion;
(2)Nothing in this article shall affect the
operation of any existing law or prevent the
State from making any law
(a) regulating or restricting any
economic, financial, political or other
secular activity which may be associated
with religious practice;
(b) providing for social welfare and
reform or the throwing open of Hindu
religious institutions of a public
character to all classes and sections of
Hindus.
Explanation I The wearing and carrying of kirpans
shall be deemed to be included in the profession of
the Sikh religion.
Explanation II In subclause (b) of clause (2), the
reference to Hindus shall be construed as including
a reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu
religious institutions shall be construed
accordingly.”
11 As far as Article 25 is concerned, the scope
thereof is no more res integra. There are various
decisions of the Apex Court dealing with the said
issue. One of which is the leading Judgment in the
case of Commissioner of Police and others vs.
Acharya Jagadishwarananda Avadhuta and another.1
Paragraph 9 of the said decision deals with the
1 (2004) 12 SCC 770
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Articles 25 and 26 of the Constitution of India
which reads thus:
“9 The protection guaranteed under
Articles 25 and 26 of the Constitution of
India is not confined to matters of
doctrine or belief but extends to acts done
in pursuance of religion and, therefore,
contains a guarantee for rituals,
observances, ceremonies and modes of
worship which are essential or integral
part of religion. What constitutes an
integral or essential part of the religion
has to be determined with reference to its
doctrines, practices, tenets, historical
background, etc of the given religion. (See
generally the Constitution Bench decisions
in Commr, H.R.E.vs. Sri Lakhmindra Tirth
Swamiar of Sri Shirur Mutt, Sardar Syedna
Taher Saifuddin Saheb vs. State of Bombay
and Seshammal vs. State of T.N regarding
those aspects that are to be looked into so
as to determine whether a part or practice
is essential or not.) What is meant by
“an essential part or practices of a
religion” is now the matter for
elucidation. Essential part of a religion
means the core beliefs upon which a
religion is founded. Essential practice
means those practices that are fundamental
to follow a religious belief. It is upon
the cornerstone of essential parts or
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practices that the superstructure of a
religion is built, without which a religion
will be no religion. Test to determine
whether a part or practice is essential to
a religion is to find out whether the
nature of the religion will be changed
without that part or practice. If the
taking away of that part or practice could
result in a fundamental change in the
character of that religion or in its
belief, then such part could be treated as
an essential or integral part. There
cannot be additions or subtractions to such
part because it is the very essence of that
religion and alterations will change its
fundamental character. It is such
permanent essential parts which are
protected by the Constitution. Nobody can
say that an essential part or practice of
one's religion has changed from a
particular date or by an event. Such
alterable parts or practices are definitely
not the “core” of religion whereupon the
belief is based and religion is founded
upon. They could only be treated as mere
embellishments to the nonessential (sic
essential) part or practices.”
(emphasis added)
12 What is held by the Apex Court is that
protection guaranteed under Articles 25 and 26 of
the Constitution of India extends to rituals,
observances, ceremonies and modes of worship which
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are essential or integral part of a religion. The
integral part of a religion has to be determined
with reference to its doctrines, practices and
historical background of the given religion. The
second test which is applied that the essential part
of the religion means the core beliefs upon which a
religion is founded. The essential practices are
those practices that are fundamental to follow a
religious belief. It is laid down by the Apex Court
that to determine whether a part or practice is
essential to a religion, it is necessary to find out
whether the nature of religion will be changed
without that part or practice. In the light of what
is held by the Apex Court, the submissions made in
support of challenge to subsection (16) of section
2 will have to be tested.
13 In PIL 75 of 2011, the petitioners have
relied upon the famous treatise “Dharmashastracha
Ithihas” (The history of Dharma Shastras) which runs
into five volumes, a work by a well known jurist
Bharat Ratna late Dr. P.V.Kane. His work has been
duly recognized by many Courts including the Apex
Court by quoting portions of his work . He has dealt
with the religious ceremonies in connection with
Nagpanchami. The contention of the petitioner in
Writ Petition is that the worshiping of a live
Indian Cobra is an essential part of the religious
practice. Chapter 7 of the said treatise which deals
with Nagpanchami does not refer to any such
practice of worshiping live Cobras or snakes on that
day. Various religious ceremonies which are
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performed in different parts of India Nagpanchami
day have been set out in the said Chapter. As far
as the State of Maharashtra is concerned, it is
stated that the snakes as depicted in the pictures
of snakes drawn in a particular manner are worshiped
and not the snakes themselves. It is set out by
Dr. P.V.Kane that in old days, on the onset of
monsoon, there were large number of cases of snake
bites which resulted in loss of lives. He has opined
that perhaps that is the reason why the practice of
worshiping snakes must have started on Nagpanchami.
There is a reference to the temples of snakes in
different parts of the country. This treatise by Dr.
Kane is one of the most exhaustive modern works
available on the history of Hindu religious
ceremonies.
14 In the Gazetteer of Bombay published in the
year 1885 by the then Bombay Government, in volume
XIX, there is a detailed information about village
Battis Shirala. It is stated that the place is well
known for its brass lamps or samais. Information
incorporated in relation to Shirala does not refer
to this practice of catching snakes for the purposes
of the festival of Nagpanchami. On the other hand,
the only reliance placed by the petitioner in the
Writ Petition is on the book under the name and
style of “Shrinath Lilamrut” compiled and edited by
Shri Ramchandra Chintaman Dhere which refers to
performance of pooja of a live Cobra during the
festival of Nagpanchami. It is true that in the said
book there is a reference to worshiping of live
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snake, but the work done by Dr. P.V.Kane
establishes that there was never a practice to
catch the live snakes or Indian Cobras and to
worship the same as a part of religious practice.
Therefore, it is impossible to come to a conclusion
that the capturing of live snakes for a temporary
period and worshiping live Cobras or snakes on the
occasion of Nagpanchami constitutes essential part
of the Hindu Religion. It is impossible to record a
finding that the so called practice is an essential
practice which is fundamental to follow the
religious belief. Hence, the provisions of the said
Act of 1972 which prohibit hunting/ capturing/
trapping of Indian Cobras or Dhaman do not infringe
fundamental rights under Articles 25 and 26 of the
Constitution of India. Therefore, the challenge to
the validity of subsection 16 of section 2 must
fail and, therefore, Writ Petition will have to be
dismissed.
15 At this stage, reference will have to be made
to Article 51A of the Constitution of India which
incorporates the fundamental duties of the
citizens. What is material is clause (g) thereof
which reads thus:
“51A Fundamental duties: It shall be the
duty of every citizen of India
(a).............
(b).............
( c)............
(d).............
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(e).............
(f)..............
(g) to protect and improve the natural
environment including forests, lakes,
rivers and wild life, and to have
compassion for living creatures.”
16 Thus, the fundamental duty of every citizen is
to have a compassion for living creatures. The
fundamental duty is to protect wild life which
includes all animals which form a part of habitat.
On this aspect, it will be necessary to make a
reference to the decision of the Constitution Bench
of the Apex Court in the case of State of Gujarat
Vs. Mirzapur Moti Kureshi Kassab Jamat and others2 .
In paragraph 67 of the said decision, the Apex Court
has dealt with clause (g) of Article 51A which reads
thus :
“67 This reasoning is further strengthened
by Article 51A(g) of the Constitution. The
State and every citizen of India must have
compassion for living creatures.
Compassion, according to the Oxford
Advanced Learner's Dictionary means “a
strong feeling of sympathy for those who
are suffering and a desire to help them”.
According to the Chambers 20th Century
Dictionary, compassion is “fellowfeeling,
or sorrow for the sufferings of another;
pity”. Compassion is suggestive of
2 (2005) 8 SCC 534
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sentiments, a soft feeling, emotions
arising out of sympathy, pity and
kindness. The concept of compassion for
living creatures enshrined in Article 51
A(g) is based on the background of the rich
cultural heritage of India the land of
Mahatma Gandhi, Vinoba, Mahaveer, Buddha,
Nanak and others. No religion or holy book
in any part of the world teaches or
encourages cruelty. Indian society is a
pluralistic society. It has unity in
diversity. The religions, cultures and
people may be diverse, yet all speak in one
voice that cruelty to any living creature
must be curbed and ceased. A cattle which
has served human beings is entitled to
compassion in its old age when it has cased
to be milch or draught and becomes so
called “useless”. It will be an act of
reprehensible ingratitude to condemn a
cattle in its old age as useless and send
it to a slaughterhouse taking away the
little time from its natural life that it
would have lived, forgetting its service
for the major part of its life, for which
it had remained milch or draught. We have
to remember; the weak and meek need more of
protection and compassion.”
(emphasis added)
The Apex Court has observed that no religion or
holy book in any part of the world teaches or
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encourages cruelty to animals or living creatures.
17 Apart from the fact that the hunting of snakes
of the category specified in item Nos.9 to 12 of
Part II of the schedule II is completely prohibited
and is a serious offence under the said Act of 1972,
the fundamental duty enjoins every member of the
petitioner in Writ Petition No.8645 of 2013 to
protect the Indian Cobras and snakes of the
categories which are referred to above. It is
obvious that when a citizen attempts to catch the
snakes even for a temporary duration,he commits a
breach of a fundamental duty of the citizen under
clause (g) of Article 51A of the Constitution of
India. Catching of snakes in such a manner shows
complete absence of compassion to living beings.
18 Thus, we have no hesitation to come to the
conclusion that the practice followed in Battis
Shirala and in various other parts of the State of
Maharashtra of catching snakes and Indian Cobras for
the festival Nagpanchami is not only completely
illegal, but it is an offence. Large number of
photographs have been annexed to the PIL to show the
manner in which the Indian Cobras are kept in mud
pots, gunny bags and other containers. After having
perused the said photographs, suffice it to say that
the snakes which are caught for a temporary period
are being subjected to cruelty.
19 In the circumstances, we are inclined to issue
rule in the PIL and grant interim relief in terms of
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prayer clause (b). We do not find any merit in the
Writ Petition and the same must fail.
20 However, we must note here that it is not in
dispute that for last few years, the villagers of
Battis Shirala have been indulging in this
activity. One who is committing an offence must be
dealt with in accordance with law and it is
necessary to ensure that he is punished in
accordance with the provisions of law. Apart from
taking recourse to penal provisions, this is a case
where as a preventive measure, the State will have
to undertake large scale public awareness programmes
on this subject especially in the light of the
fundamental duty of citizens incorporated in clause
(g) of Article 51A of the Constitution of India.
The petitioners in the PIL who are animal activists
and other NGOs who are working in this field will
have to effectively assist the State administration
and Forest Department for ensuring the effective
implementation of the said Act of 1972. The NGOs
and Forest Department will have to start awareness
programmes. The NGOs will have to involve the
school and college students in the awareness
programmes and, therefore, comprehensive policy will
have to be adopted by the State Government on this
aspect after consulting various NGOs and experts in
the field. It is true that the law as its stands
will have to be enforced, but it is also necessary
to ensure that the citizens become aware of the
provisions of the said Act of 1972 and that the
citizens start performing their fundamental duty
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under Article 51A of the Constitution of India.
21 The affidavit of Shri Mujawar, Sub Divisional
Forest Officer, Sangli discloses that the Collector
of the District Sangli has conveyed a meeting on 18th
July 2014 at 10.30 a.m to discuss the various issues
concerning Nagpanchami festival. We permit the
petitioners to attend the said meeting. The
Collector shall also invite local NGOs who are
working in the field of animal welfare for the said
meeting. It will be open for the petitioners to
inform some of the NGOs and request them to attend
the meeting. The Collector shall also invite the
representatives of the Gram Sabha of village Battis
Shirala and other prominent citizens of village
Battis Shirala. The Collector will have to apprise
the representatives of the citizens of the village
Battis Shirala about the legal provisions and about
the implementation of the said Act of 1972. It is
expected of the petitioners in PIL and other NGOs to
cooperate with the Officers of the Forest
Department of the State and to provide adequate
number of volunteers on the Nagpanchami day. We
make it clear that the presence of the volunteers
will be to persuade the citizens and local residents
of Battis Shirala to refrain from adopting in such
illegal practices. We must make it clear that
volunteers representing the NGOs and the petitioners
will not be entitled to take law in their hands and
they will have to ensure that law and order
situation will not be created.
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22 The District Collector, Officers of the Forest
Department and representatives of NGOs will have to
come out with comprehensive scheme of public
awareness programmes.
23 The affidavit of Shri Mujawar, Sub Divisional
Forest Officer, Sangli records that hand bills have
been prepared by the State Government.
The affidavit also notes that an appeal has been
made inviting the attention of the members of the
public to the provisions of the said Act of 1972 and
to the fact that very serious penal consequences
will follow in case of breach of the said
provisions. The State Government will have to erect
boards at various places in village Battis Shirala
displaying the said appeal. The appeal will be in
terms of page nos.237 and 238 of the affidavit of
Shri Mujawar.
24 Hence, we pass the following order:
WRIT PETITION NO.8645 OF 2013
(I) Writ Petition No.8645 of 2013 is hereby
rejected;
(II) The learned counsel for the petitioner in
Writ Petition No.8645 of 2013 seeks leave to
appeal to the Apex Court. Considering the
reasons which we have recorded, the said prayer
is rejected.
PUBLIC INTEREST LITIGATION NO.75 OF 2011
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(III) We issue rule in PIL No.75 of 2011.
Learned AGP waives service for respondent Nos.2
to 11. Learned counsel for respondent no.1
waives service. There will be interim relief in
terms of prayer clause (b);
(IV) We direct the District Collector, Sangli,
to allow the petitioners and various Non
Government Organizations to attend the meeting
which is convened on 18th July 2014. The
Collector shall also permit the representatives
of the 12th respondent to attend the meeting.
The Collector shall ensure that the prominent
citizens of the village Battis Shirala are
invited to attend the said meeting. This
direction will apply to all further meetings
held by the Collector on the subject;
(V) The petitioners shall ensure that adequate
number of trained volunteers who are conversant
with the provisions of law are made available
at village Battis Shirala on the day of
Nagpanchami;
(VI) We direct the Collector and the Officers of
the Forest Department to erect the boards
containing the appeal as set out on page 239 of
the affidavit, the Boards shall be erected at
prominent places in Battis Shirala and in or
around Battis Shirala near forests where
activity of hunting of snakes takes place;
(VII) The State Government shall ensure that
adequate number of hand bills in terms of the
draft at page 240 of the affidavit are made
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available to the NGOs and volunteers for
distribution to the villagers and other people
who visit the village for participating
Nagpanchami;
(VIII) We make it clear that the role of NGOs and
volunteers will be confined to making peaceful
appeal to the villagers and citizens to abide
by the provisions of the Wildlife Protection
Act,1972. Therefore, the role of the NGOs and
volunteers will be to assist the Officers of
the Forest Department, Revenue Department as
well as police and no attempt shall be made by
them to take the law into their own hands;
(IX) We direct the the District Superintendent
of Police of District Sangli to provide
adequate police force for implementation of
this order and for the protection of the
Officers of the Forest Department as well as
representatives and volunteers of the NGOs;
(X) The District Collector or any senior
Officer nominated by him shall file compliance
affidavit on or before 31st August 2014;
(XI) We direct the State Government to
constitute a committee consisting of Officers
of appropriate higher rank of the Revenue and
Forest Departments as well as representatives
of relevant NGOs for evolving action plan for
due implementation of the provisions of the
Wildlife Protection Act,1972 with reference to
hunting of snakes in some parts of the State
like Battis Shirala for Nagpanchami festival;
(XII) The State will have to initiate Awareness
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Programmes for making the public at large aware
of the provisions of the said Act of 1972 by
involving NGOs and school and college students.
The Committee will also deal with this aspect;
(XIII) Appropriate decision shall be taken by the
said Committee within a period of three months
from today;
(XIV) The State Government will take appropriate
decision on the basis of the recommendations of
said Committee on or before 31st December 2014;
(XV) For considering the compliance affidavit
filed by the Collector or the Officer nominated
by him, this petition shall be listed on 10th
September 2014 under the caption of
`Directions';
(XVI) The State Government shall also file an
affidavit as regards constitution of the
Committee on or before the next date;
(XVII) As the Judgment and Order will not be
immediately ready, we direct the Collector and
all concerned to act upon an authenticated copy
of the operative part of the Judgment and
Order.
(A.S.CHANDURKAR,J.) (A.S.OKA,J.)
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