State is ‘custodian’ of wildlife, liable for animal attacks, rules Kerala High Court

The Kerala High Court ruled that the state government is liable for damages caused to citizens by wild animals, asserting that the state serves as the owner and custodian of wildlife. The ruling came after the court dismissed an appeal filed by forest department authorities, who were ordered to compensate a family after their husband and son were killed in an elephant attack in 2001.

Justice Mohammed Nias C P stated that the state's failure to protect citizens' right to life under Article 21 of the Indian Constitution is evident in this case. The court noted that the government has a duty to prevent human-wildlife conflicts and to take necessary measures to keep wild animals from entering human habitations and agricultural lands.

The court also dismissed arguments that the elephant was not under the control of forest department officers, and that the victim's intoxication and negligence played a role in the incident.