Justice Joymalya Bagchi, on the three-judge Bench with Justice V. Mohana, said elephant pathways were not State-specific, and herds travel far by nature.
| Photo Credit: M. Periasamy
The Supreme Court on Monday (August 17, 2026) directed the Centre to conduct a nationwide survey and take steps to ensure the free passage of wild elephant herds through their ancient corridors across States without human will or habitations blocking or impeding their natural routes.
“No State can block their [elephants] paths. Blockading elephant corridors is not the solution to human-animal conflicts. Elephants travel across many States. One State cannot come in their way and block their traditional pathways. The solutions to this (animal-human conflict) are altogether different, and not constructing blockades,” Chief Justice of India Surya Kant said.
Justice Joymalya Bagchi, on the three-judge Bench with Justice V. Mohana, said elephant pathways were not State-specific, and herds travel far by nature.
“Elephant corridors have been obstructed, impeded, blocked due to some local factors. The Union of India must conduct a fresh survey and file a comprehensive report, which would include the necessary steps which were taken to prevent such obstructions,” Chief Justice Kant ordered.
The court directed the government to examine allegations that fireballs, mashaals (fire-torches) and spikes are thrown at wild elephants. In 2018, the apex court had prohibited the use of fireballs, burning rods, and spikes to chase elephants, calling them barbaric and illegal.
The court asked the government to ensure the implementation of the ban of such measures by ‘hula’ parties to drive away wild elephants from crops and villages. Elephants are Schedule I animals under the Wildlife (Protection) Act, 1972. They are considered a vulnerable species which receive absolute legal protection.
Appearing for the Centre, Additional Solicitor General Aishwarya Bhati agreed to conduct a nationwide survey and submit the status report. Ms. Bhati sought three months, but the court said it would list the case after eight weeks to check on progress.
“Construction of any kind of obstacle or creating blockades in elephant corridors is not acceptable. We are very clear that there cannot be obstacles in the way of wildlife. No State can say that just because crops are getting destroyed, they will have to construct obstacles on their path,” the Bench reiterated.
Justice Bagchi said the practice of using fireballs and spikes was prevalent in West Bengal where the elephants came from Nepal and went to Jharkhand and other States. Chief Justice Kant said there were elephants in the Yamuna Nagar area of Haryana which travel to Uttarakhand and Himachal Pradesh.
The court was hearing a plea by advocate Shibani Ghosh, who submitted that fireballs continue to be thrown at wild elephants in West Bengal to drive them away from human habitation and croplands despite Supreme Court orders in 2018 to desist from the practice.
Published – August 17, 2026 05:21 pm IST
