The Indian Express (Delhi Edition)
WHY KERALA DECLARED MAN-ANIMAL CONFLICT A STATE-SPECIFIC DISASTER
AMID REPEATED deaths from animal attacks and rising anger over them, Kerala on Wednesday declared man-animal conflict as a state-specific disaster, becoming the first state in the country to do so.
Here is a look at what the decision means, and how it would change the way the government is addressing the issue.
What changes
At present, managing man-animal conflict is the responsibility of the forest department, which acts as per the Wild Life Protection Act. Once the issue is declared a state-specific disaster, the onus to deal with it shifts to the state disaster management authority, which, powered by the Disaster Management Act, can take quicker and more decisive action.
At the state level, the Chief Minister is the ex officio chairman of the body, and several departments, including the forest department, are stakeholders. In the districts, the district disaster management authority is headed by the district collector, who is also the executive magistrate.
Once an issue is declared a state-specific disaster or a national disaster, the disaster management authority can take quick decisions and actions overriding all other norms. Also, district collectors can directly intervene in their capacity as the chairman of the district disaster body.
Why the change
In the past few weeks, everytime a life has been lost to man-animal conflict, there has been a mounting chorus to tranquilise/capture/kill the animals responsible.
At present, the chief wildlife warden — there is only one such post in the state
— is the only authority to take a call on a wild animal wreaking havoc in human settlement. Also, in the past, there have been cases where the decision to tranquilise a killer animal, such as a wild elephant, has been questioned in court.
Once the issue is under the disaster management authority, it can take actions overriding other norms, including those under the Wildlife Protection Act.
As per section 71 of the Disaster Management Act, no court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect of anything done by relevant authorities in pursuance of any power conferred by this Act. Section 72 of the Act says that the provisions of this Act will have an overriding effect on any other law during the specific period that a disaster has been declared.
Other such disasters
In 2015, Odisha had declared snakebite a state-specific disaster.
In 2020, Kerala declared Covid as a state specific disaster. Besides, heat waves, sunburn and sunstroke have been declared so in 2019, the phenomenon of soil piping in 2017, and lightning and coastal erosion in 2015.