The National Legal Services Authority (NALSA), under the aegis of the Kerala State Legal Services Authority (KeLSA), hosts a two-day regional conference aimed at addressing the growing challenges of human-wildlife conflict in the country.
Justice Surya Kant, Executive Chairman of the National Legal Services Authority (NALSA), will inaugurate the conference.
Besides Justice Surya Kant, Nitin Jamdar, Chief Justice, Kerala High Court, who is also patron-in-chief, KeLSA, Justice MM Sundaresh, judge, Supreme Court of India, Justice BV Nagarathna, judge, Supreme Court of India, Justice Vikram Nath, judge, Supreme Court of India and Chairman, Supreme Court Legal Services Committee, A Muhammed Mustaque, judge, High Court of Kerala and executive chairman of KeLSA, CS Dias, judge, High Court of Kerala, R Venkataramani, Attorney General of India, and P Rajeev, Minister of Law, Kerala, are present at the conference.
Justice A Muhammed Mustaque delivers the opening remarks.
Justice A Muhammed Mustaque: We must thank NALSA for choosing Kerala for the regional conference. A profound gratitude to executive chairman for choosing Kerala for this—a topic which is badly needed in Kerala for discussion and deliberation.
In this Planet, we aren't human alone, there are other countless creatures. Our choices are always human-centric often forgetting there are countless human creatures. In Kerala alone is past 5 years we witnessed around 500 human lives lost. The last 22-23 years, the data shows that in India 622 humans lives have been lost mainly due to attack of elephant... This discussion is all about for deliberations to evolve legal principles and jurisprudence to formulate laws and help us in adjudication.
P Rajeev, Minister of Law, Kerala now starts delivering his speech.
P Rajeev: Human-wildlife conflict in Kerala has reached a critical stage, posing a serious threat to human welfare. Kerala has became a epicenter of this challenge.
P Rajeev: A comprehensive policy to protect lives of human beings, but at the same time recognising the relevance of wildlife for a sustainable environment is the need of day. I hope the outcome of the deliberations of this regional conference would provide concrete solutions towards understanding this issue.
Nitin Jamdar, Chief Justice Kerala High Court: Humans a wildlife have coexisted for centuries, but now this coexistence is getting strained leading to conflict in areas where two live in proximity.
Nitin Jamdar: Those who face the main affect of this conflict are the members of vulnerable sections of society—tribals and vulnerable communities. They are also entitled to protective umbrella of Legal Services Authority, Act. Recognizing this need, NALSA has introduced a special scheme which is the theme of today's conference. Under this schemes victims get special assistance, but also the aspect of wildlife protection is kept in mind.
R Venkataramani, Attorney General of India: The job of Attorney General is to listen much more than to speak out. But then in a conference like this, where something so dear to mind and heart appeals to you to speak. What greater contribution can there be to human rights than through the lense of animal rights by such discussions.
R Venkataramani: Our Indian understanding such as all life forms a divine are manifestations of cosmic energy.
R. Venkataramani: Let's me figure out three facets human-animal conflicts: conflict avoidance, conflict management and conflict resolution. No one common regulatory framework for all of them may work.
R Venkataramani: Animals as persons may have right to due process aginst excessive human intrusion. Biodiversity is an entity that must be worshiped and not treated as mere exploitable commodity.
Justice MM Sundresh: A powerful statement has been madr by Hubert Reeves. I quote: "Man is the most insane species. He worships an invisible God and destroys a visible Nature. Unaware that this Nature he’s destroying is this God he’s worshiping".
A powerful statement bringing out the ignorance of human being. It is we who have created this situation. Day in and day out we see news reports of elephants coming in and destroying the crops, killing people and tigers coming out. They don't do it. They don't have concept of property.
Justice MM Sundresh: In the name of development, in the name of expansion or whatever name you give it, it is we who have created this situation.
I read somewhere a WhatsApp message. It is a beautiful message. The message is like this: If animals could have a religion, man would be devil. Is is not true?
Justice BV Nagarathna: It is said that human beings are composed of five elements of nature, which teach lessons and inspire strength in the formulation of true character. For example earth teaches us patience and love, air teaches us mobility and liberty, fire teaches us warmth and courage, sky teaches us equality and broad-mindedness and water teaches us purity and cleanliness. The idea of all this that we are all a part of nature. Man is not apart from nature.
Justice BV Nagarathna: I may recollect an incident which I read in the newspaper a few years ago in Mangalore, where a leopard and a dog strayed into toilet in a farmhouse near Mangalore. The owner wasn’t aware of this and as usual in night he locked the toilet and went to sleep. In the morning when toilet door was opened, to his surprise, the leopard and dog both came out. What is meaning of this. This incident shows that animals also act in accordance with context they are situation aware and emotional beings in many ways. The leopard didn't eat up dog, because it knew both were ultimately captive.
Justice NV Nagarathna: India has maintained the very precarious balance between humans and animals because of this inherent culture and belief that you have to share space with animals. However, recent trends appears that trajectory is towards human-centric approach and there is a disregard of a fundamental duty enshrined under 51(A)(G).
Justice Vikram Nath: So long I have been known in the legal fraternity for the little work I do, but I am thankful to the stray dogs for making me known to the entire civil society, not only in this country but world over. And I am thankful to my CJI for alloting me that matter.
Recently, we were in 'Law Asia Plio Summit'. The presidents of the lawyers Association were there. So they started asking questions about stray dogs matter. I felt very elated that people outside India also know me. So I am thankful to them for giving me this recognition.
And I am also been receiving messages saying that apart from dog lovers, dogs are also giving me blessings and good wishes. In addition to human blessings and good wishes, I have their good wishes also.
Justice Vikram Nath: Our courts have upheld the public trust doctrine, reminding us that natural resources are not the property of state, but a trust to be preserved for present and future generations.
Justice Surya Kant and other dignitaries launch the NALSA Scheme for Access to Justice for Victims of Human-Wildlife Conflict, 2025.
Justice Surya Kant: Reverence for nature and the duty to protect it is woven deeply into the fabric of Indian tradition and culture. Today, the safeguarding for our forests is sustained through deliberate and coordinated actions at all levels of governance underpinned by rigorous judicial oversight and guided by vigilant yet supportive engagement of our citizenary.
Justice Surya Kant: In securing the conditions necessary for wildlife to thirve, we need to simultaneously ensure the safety, stability and well being of human communities.
There is today a heightened awareness of the environmental and ecological consequences of deforestation. The judiciary most notably through the green bench of Supreme Court have played a pivotal role in ensuring that nation's developmental pursuits don't extract an irreparable price from its flaura and fauna.
Justice Kant: As we move forward, our gaze must remain fixed upon those who continue to suffer as victims of human-wildlife conflict. Since many victims belong to marginalized communities, they are their families are often unaware of the legal rights and entitlements available to them .
Justice Kant: I am confident that regional conference will inspire fresh prospective and foster innovative thinking.
Justice CS Dias proposed the vote of thanks, bringing the inaugural session of the conference to a close.
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Supreme Court hears plea concerning detention of Bengali-speaking Muslim migrant laborers, who were allegedly apprehended across several states under suspicion of being undocumented Bangladeshi nationals.
Bench: Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi
Advocate Prashant Bhushan: notices have been served but no reply has been filed. One of the ladies who had been pushed out, her family had filed habeas corpus in the Calcutta HC. After notice was issued the ASG went and said to the HC matter is pending and got it adjourned. This lady has been pushed out forcibly from the country, she is pregnant without any proof that she is a foreigner. They are saying Bengali language is a Bangladeshi language. Therefore people speaking Bengali are Bangladeshis. How can any authority push out any person without any determination whether so and so is a foreigner? There should be some agreement with the Bangladeshi government. Normally one can’t push someone to another country without having an agreement with them. You can’t forcibly push to another country without the country accepting.
Bhushan: this pregnant lady is pushed out and arrested by Bangladeshi authorities under their foreigners act saying she is an Indian.
Justice Kant: a lot of factual issues are involved. We appreciate that habeas corpus cannot be adjourned because matter is pending here. We’ll request the high court to take up the matter.
Delhi High Court is hearing the petition filed by banned organisation Popular Front of India (PFI) challenging the order passed by Unlawful Activities (Prevention) Act (UAPA) Tribunal declaring PFI as an unlawful association.
The matter is before the Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela.
Additional Solicitor General S. V. Raju is appearing for the Centre. He has opposed the petition on the issue of maintainability.
Supreme Court hears a suo motu plea on the rise in child rape cases and a corresponding delay in the probe and trial of these cases.
Bench: Justice Pankaj Mithal and
Justice Prasanna B Varale
ASG Aishwarya Bhati: 2019-2023 lot of developments have taken place including (the accused have been convicted)
ASG: This family is in Dehli.
Justice Pankaj Mithal: What about victim?
ASG: Victim is still getting CRPF security.
Justice Pankaj Mithal: If threat perception is there, the security has to be given. Merely the accused are in custody doesn't mean that security threat is gone.
Supreme Court hears plea by journalist @abhisar_sharma challenging FIR over YouTube video criticizing Assam govt’s “communal politics” and questioning the allotment of 3,000 bighas tribal land to a private entity.
Bench: Justices MM Sundresh and NK Singh
#SupremeCourt
The FIR has been filed in Assam under section 152 BNS (endangering sovereignty of the nation) among other sections.
Sr. Adv. Kapil Sibal: my lords this 152 is now an omnibus provision.
Justice Sundresh: FIR you challenge before the high court. Why are you bypassing the High Court? We’ll give you protection you go to the High Court. Just because you’re a journalist…
Sibal: some uniformity has to be there. They will lodge another FIR.
Justice Sundresh: even if we entertain they’ll lodge another FIR
Book launch: [In] Complete Justice ? The Supreme Court at 75
Justice AS Oka to speak shortly
Editor of the Book, Sr Adv Dr S Muralidhar: Earlier there was a court of virtual hearings, courts willing to adopt the technological mode...What I miss is a court with It's a more rushed court, more chaotic, more miscellaneous work and new players are law researchers and law interns. One law researcher was asked to draft two drafts of judgments one allowing and one dismissing the appeal... For Milord to choose from
Justice AS Oka: Cartoons speak more than the reading material in this book. Celebrations started after we completed 75 years of constitution.. for legal fraternity celebration was not required.. introspection was needed as to where the course correction was needed.
Justice Oka: The biggest mistake we did was to ignore the trial judiciary on such platforms for over 75 years and we discussed only Supreme Court and High Court. I agree with Sr Adv Jaising when she says that it is a myth that woman judges address best the issues faced by woman. I believe this book triggers a debate which is required. .. Do we have judges anymore who tells their wife that my dissent will cost my Chief Justiceship. Another facet which needs to be looked at is the case listings.. if we spend 6 hours in reading files everyday and then on cases, how do we deliver judgments?
Supreme Court heara a PIL seeking a media gag order in the case of Malayali nurse Nimisha Priya, who faces the death penalty in Yemen.
Bench: Justice Vikram Nath and Justice Sandeep Mehta
On August 22, the Court issued notice to Attorney General of India and orally observed that it would pass an order, if any, on Monday (today).
J Nath to Dr. KA Paul: What do want? Do you want nobody should come out and say anything to media....Leaned Attorney has said so that government of India will make nobody brief media. What else you want?