SC bans further opening of zoos without prior permission

The Court took up the case of tigers in captivity when over 12 tigers, majority of them the rare white ones, died in Nandankanan Zoo of Orissa, followed by the ghastly skinning of a tigress, Sakshi, in the Nehru Zoological Park in Hyderabad.

On the last date of hearing, the Court had summoned the Secretary of the CZA. The Secretary, P R Sinha, submitted an affidavit focussing on four points that would streamline the management of zoos in various states.

The Bench also expressed concern over the way the states have responded to the beefing-up of security around the enclosures of tigers and leopards in zoos given by the CZA.

Solicitor-General Harish Salve, appearing for the Centre, said in the wake of the killing of the tigress in the zoo, directions were issued to beef-up security around enclosures of tigers and leopards, Sinha said adding that only 32 of the 47 zoos have complied with the directions.

The Bench said, “We are at loss to understand why the States and the concerned departments of the State Governments should have taken time to comply with the direction to beef-up security and why 15 zoos did not comply with the direction. This sort of indifference is objectionable.”

Salve informed the Court that the Secretary of Ministry of Environment and Forests has called for a meeting of all the concerned secretaries of the State Governments on November 27 to discuss ways and means to protect the tigers in the wild as well as in captivity.

The Bench directed the officer-in-charge of zoos to furnish a status report of animals in captivity in zoos so that the same could be discussed in the November 27 meeting.

The State Governments were also asked to respond to Sinha’s affidavit within four weeks.

Salve submitted that several states were running zoos despite they being derecognised by the CZA and did not give much attention to the condition in which the animals were kept.

The Bench comprising Justice Anand, Justice R C Lahoti and Justice Brijesh Kumar termed this as a “sorry state of affair” and directed the State and Union Territory Governments to respond to Sinha’s affidavit.

In the affidavit, the CZA has said no zoo should be allowed to function before its approval, no animal should be transferred from one zoo to another for monetary consideration and funds from the Central authority should go directly to the zoos rather than to the State Government.

Regarding the steps to be taken to protect tigers from extinction in the wild, the Bench asked the States to file their response and take steps which they had not taken, so far.

Concluding the hearing, Justice Anand observed, “If the State Governments do not act immediately, we do not know who shall go into captivity?” indicating that the court was contemplating taking action against the erring officials.