If elephants die after coming into contact with these fences, it is a serious concern: Appeal Court

• Several cases relating to the human-elephant conflict are currently pending before the Supreme Court

By Lakmal Sooriyagoda   

“The purpose of erecting electric fences in areas affected by human-elephant conflict is not to kill elephants but to keep them away. If elephants die after coming into contact with these fences, it is a serious concern,” President of the Court of Appeal Justice Rohantha Abeysuriya observed. President of the Court of Appeal Justice Rohantha Abeysuriya made the observation while hearing a writ petition seeking an order directing relevant authorities to identify and remove illegal electric fences.

The petition aims to strengthen efforts toward the protection and conservation of elephants. 

The Court further observed that the respondents, including the Department of Wildlife Conservation, should formulate guidelines prescribing a maximum permissible voltage for electric fences to ensure that they serve as a deterrent without posing a fatal threat to wildlife.  Appearing for the Director General of Wildlife Conservation, State Counsel Shemanti Dunuwille informed Court that the erection of electric fences falls within the purview of the Ceylon Electricity Board and that the Department of Wildlife Conservation has no direct role in the installation of such fences. 

She also stated that several cases relating to the human-elephant conflict are currently pending before the Supreme Court and sought time to update the Court on the progress and outcome of those proceedings.

Justice Abeysuriya, however, questioned why the installation of electric fences could not be regulated through a system requiring prior approval from the Department of Wildlife Conservation. He stressed that all stakeholders must work collectively to devise a practical and sustainable solution to the longstanding human-elephant conflict.   

Counsel Kalpanee Dissanayake, appearing for the petitioner, submitted that the concerns raised in the petition had not been adequately addressed by the Attorney General’s motion outlining measures taken to mitigate human-elephant conflict. She argued that the petition specifically focuses on the failure of the authorities to regulate illegal electric fences and the absence of clearly defined standards, including permissible voltage limits.   

The petition was fixed for July 9 by a two-judge bench of the Court of Appeal comprising Justice (President) Rohantha Abeysuriya and Justice K. Priyantha Fernando.   

The petitioner, K. Priyadarshani, President of the Association for the Protection of Elephants and Tuskers, filed this petition, naming the Director General of the Department of Wildlife Conservation, M.G.C. Sooriyabandara, Minister of Environment Dammika Patabendi, the Chairman of the Ceylon Electricity Board and several others as respondents.