Elephant deaths: MoEF panel for amending Act

Wants a section on line of 304 IPC to punish power company officials,train drivers for electrocution,mowing down elephants.

A committee of the Ministry of Environment and Forests (MoEF),which inquired into the deaths of scores of elephants by electrocution,has recommended amendment of the Wildlife Protection (WP) Act,1972,so that power distribution company officials and train drivers who mow down elephants can be punished for culpable homicide not amounting to murder.

They have not intentionally hunted,hence it is not direct hunting but an indirect hunting. So,we should have a section in the Wildlife Protection Act like Section 304 of the Indian Penal Code (punishment for culpable homicide not amounting to murder). If we have a section where a person by act of his negligence causing death to wild animals can be punished with an imprisonment prescribed under section 51 of the Act for three or five or seven years and with a certain quantum of fine,then the impact would be better, said the committees report.

Though elephant population has gone up from 1,862 to 1,886 between 2007 and 2010,85 pachyderms have died during the past 10 years after coming in contact with high tension transmission lines passing through forests. In 2010,more than 20 elephants died due to electrocution.

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A four-member committee of the Ministry of Environment and Forests,headed by conservator of forests A K Biswal of the ministrys regional office here,has recommended to the ministry to amend the WP Act,1972,as the prosecution of power distribution officials under the current sections is not foolproof. Generally,the power distribution officials are booked under sections 9,39,50,51,52,57,58 of the Act. But there is no direct section available for the offence committed by power company officials.

The committee also noted that four power distribution companies Nesco,Wesco,Cesco,Southco in Orissa havent maintained adequate pole-to-pole distance,thus causing sagging and non-maintenance of conductor height in forest and village areas.

Elephants can reach up to 12-13 feet; by nature they are adventurous and pull down whatever comes in their contact. In the process,they get electrocuted. The committee suggested that the lines passing through forest areas should not have more than 415 volts.

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