Government accountability in addressing human-animal conflicts and ensuring compensation for victims is crucial for protecting fundamental rights.

1. The people of the State woke up with the distressing news that last night, a septuagenarian tribal couple was trampled to death by a wild elephant at the Aralam farm in Kannur. It's disheartening to hear about such fatalities and injuries in the State regularly. Human life is invaluable. Words of consolation or payment of compensation are not a panacea for the legal heirs of the deceased victims to navigate the devastating loss. The inhabitants in the high ranges and forest regions are put in fear of death due to the persistent threat posed by wild animals, which is an infringement of their fundamental right to life. This Court cannot remain passive to the issue. It has become incumbent upon this Court to direct the Authorities to take prompt and immediate steps to find a lasting solution to this pressing concern.

2. W.P.(C) Nos.32407 and 44723 of 2024 are filed, inter alia, to direct the State and its authorities to take adequate measures to control the human - animal conflicts in the State by constructing appropriate elephant - proof trenches, rubble walls, crash guard rope fencing and other suitable barriers in the wild animal attack prone areas at the earliest.

3. W.P.(C) No.46215 of 2024 is filed to direct the Ministry of Environment, Forests and Climate Change to pay the petitioner compensation under Ext.P5 scheme due to his father's death in a wild elephant attack on 12.06.2022. It is contended that as per Exts.P4 and P5 schemes, the State and the Central governments are liable for paying the petitioner compensation. It is also contended that as per Ext.P10 order, human - animal conflict is now considered and processed as a State Specific Disaster under the Disaster Management Act . As per the Ext.P15 answer given in the Rajya Sabha on 21.12.2023, 555 people lost their lives in the State between 2019 and 2024. Therefore, an efficacious and transparent process and a Special Forum or Tribunal may be set up to decide claims of the above nature.

4. Heard; the learned Counsel for the petitioners and the learned Special Government Pleader. The learned Special Government Pleader prayed for time to file counter affidavits in the above cases.

5. In Joseph Tajet v. State of Kerala and others ( 2022 KER 50543 ), the Division Bench of this Court had directed the State to take adequate measures to implement the Guidelines bearing F.No.1/2016 - PE dated 06.10.2017 of the Project Elephant Division of the Ministry of Environment, Forest and Climate Change.

6. Despite the various directions passed by this Court and guidelines issued by the Government, the problem continues unabated. The alarming statistics of 555 fatalities in the State resulting from wild animal attacks during the last six years are shocking. This Court has also been informed that despite administrative sanction being granted to build protective walls using the Schedule Tribe fund, the project has not progressed.

7. Considering the gravity of the matter and to ensure that adequate measures are implemented as undertaken by the Government in Joseph Tajet's case, this Court suo motu impleads the (i) Secretary to the Ministry of Environment and Forest and Climatic Control, Government of India; (ii) Chief Secretary, Government of Kerala; (iii) Principal Secretary, Revenue Department, Government of Kerala and (iv) Member Secretary, Kerala State Legal Services Authority as additional respondents in W.P.(C)No.32407 of 20204. The Registry is directed to carry out the impleadment in the wri