By Bizodisha Bureau, Bhubaneswar, April 6, 2016 : Odisha government no more pays compensation to victims of wildlife attacks inside forest areas based on a Orissa High Court order on January 14 last.

Every year, at least 60-70 persons – mostly tribals and Dalits, are killed in the state due to attacks by wild elephants. Almost 90% of these attacks have been taking place inside forest areas.

Besides, bears have killed 41 persons, injured 326 persons in last three years. This apart, several persons also lose their lives due to wild boar and crocodile attacks, according to Wildlife Society of Orissa secretary, Biswajit Mohanty.

As per the latest amendment to Wildlife Protection (Amendment) Rules,1974 carried out on 22nd July,2014, Rs three lakh was payable in case of death as per rule 45AA while Rs one lakh was payable as rule 45BB in case of permanent injury. None of the victims can now claim this amount if the incident takes place in reserve forests due to a recent decision of the state government after a High Court decision, Mohanty added.

Earlier the state government had stipulated that death/injuries occurring within a forest area or within five kilometers of a forest boundary would be compensated. However, through an amendment on March 23, 2011 it had relaxed the rules by deleting this clause.

In fact, even victims of elephant attacks who are killed on a road that is used by public every day passing through reserve or other forests will be ineligible for compensation. A major stretch of state and national highways in in the tribal and forested districts like Deogarh, Sambalpur, Keonjhar, Sundargarh, Mayurbhanj, Rayagada, Kalahandi,Kandhmal,Boudh pass through reserve forests which also have elephants and bears.

The state government apparently took the stand that no money is payable since the incident took place in a reserve forest where entry was prohibited. Based on this the High Court rejected the claim of the widow and specified that no compensation is payable if the incident occurs inside a forest.

The state government has mislead the High Court by not pointing out the provisions of the Wildlife Rules that permits payment of compensation to victims of wildlife attacks irrespective of place of occurrence, Mohanty maintained.

“The Wildlife Society of Orissa (WSO) condemns this stand of the state government which is going to impact the poor victims of wildlife attacks who are mostly Adivasis and Dalits who stay near forest areas. The Forest Rights Act, 2008 also confers community rights on forest dwellers to collect minor forest produce like firewood, mushrooms, sal seeds, sal leaf, etc. for which they will enter Reserve Forests”, Mohanty claimed.

WSO has demanded that the forest department immediately moves a review petition so that the proper position of law is placed before the Court seeking a modification of the order. This would ensure justice to the innocent victims of elephant and other wildlife attacks irrespective of the place of incident, he added.