The Karnataka High Court has recently directed the Forest Department to respond to a PIL seeking to reduce the speed limit of trains passing through dense forest at night on the Hospet-Vasco and Londa-Miraj railway lines in order to prevent wildlife from being hit by speeding trains.
The Chief Justice Prasanna B Varale and Justice Ashok S Kinagi of a division bench directed the Deputy Conservator of Forests of Belgavi, Haliyal, and Dharwad divisions, as well as the Director of Kali Tiger Reserve, to file their responses in the matter within two weeks.
“Supreme court observations are to be taken in order to protect wildlife. It is not the case that wildlife in Assam should be protected but not in Karnataka. Wildlife in any part of the country is equally important,” the bench stated.
The Supreme Court has directed railways across the country to reduce the speed limit of trains travelling through dense forest. If the speed limit is not met, appropriate action should be taken against the violating drivers and officials.
The plea states that the two railway lines pass through dense forest areas of Dharwad, Belagavi, and Haliyal territorial forest divisions, including Dandeli Sanctuary.
The petitioner, Giridhar Kulkarni, cited correspondences between the forest department and railway authorities, claiming that “in all of these communications, forest officials expressed deep concern about the railway department’s failure to take mitigating measures, and the railway authorities are informed that the speed of the trains is much faster than what is prescribed while passing through those particular routes which causes death of elephants and other wild animals till date there is no response filed by the Forest authorities.”
According to the petitioner’s records, since 2014, an alarming number of accidents on the two railway lines have occurred due to overspeeding trains, resulting in the deaths of 60 different wild animals, including two elephants, 49 Indian gaurs, five sambars, one sloth bear, one wild dog, one wild pig, and a deer. It is also stated that when other reptiles and amphibians are counted, the number reaches dismal proportions.
It is also claimed that the petitioner made numerous representations in this regard, all in vain. “Failure of railways to take necessary steps to avoid accidents involving wild animals and trains, despite several requests, violates the precautionary principle and the principles of integrated equity and sustainable development upheld by the Apex court in many cases. Further, the respondents failure to protect the wildlife is in clear violation of the fundamental duty of the respondent under Article 48A of the Constitution of India,” it stated.
According to reports, since the alternate railway line between Belgaum and Dharwad districts via Kittur has already been sanctioned by the state, it is critical that steps be taken to establish it as soon as possible in order to render the Hospet-Vasco and Londa-Miraj railway lines obsolete.
The petition requests directions to the respondents to form a joint committee, conduct a joint inspection, and prepare a detailed mitigation plan outlining the steps to be taken to prevent train accidents involving wild animals. Direct the Ministry of Railways to consider and implement all of the committee’s recommendations.
Furthermore, to direct the Ministry of Railways to strictly comply with Supreme Court orders by lowering the speed limit of trains running on the two railway lines while passing through dense forest. It is also requested that the railways take mitigation measures such as constructing underpasses/overpasses, installing proper signage boards to alert loco-pilots, and educating loco-pilots about the need to reduce speed limit while passing through forest.
The Centre stated in its statement of objections that the Ministry of Railways has consistently taken safety measures regarding train movement in the Forest Area. “Railway officials and the forest department met on a regular basis. However, due to the Covid-19 pandemic, officials were unable to hold meetings in 2020 and 2021, but there is close communication between officials over the phone,” it stated. It was also stated that authorities may begin holding regular meetings with forest officials.
