HC defers hearing in monkey culling case

Legal Correspondent

Shimla, May 3

The HP High Court today deferred the hearing on a petition seeking quashing of notification issued by the Union Environment and Forest Ministry declaring monkeys as vermin in the Shimla municipal area for July 11.

During the course of hearing it was informed to the court that as per the directions of the court the Union Secretary, Environment, Forest and Climate Change, Chief Secretary of the state, and Member Secretary of National Board of Wildlife have not filed their replies.

A Division Bench comprising Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan after hearing the matter for some time listed the same for further hearing on July 11. The court passed this order on a petition filed by one Rajeshwar Singh Negi.

The Union environment ministry notification, which followed several requests from the Himachal Pradesh authorities, cited rising cases of monkeys destroying property, including crops, and biting people. Such a move will allow state authorities to carry out extermination of monkeys on a large scale without attracting penal provisions of the Wildlife (Protection) Act, 1972.

As per the notification issued by the Union Ministry on March 14 it had declared the rhesus macaque (Macaca mulatta) to be vermin and to be included in Schedule V of the Act for a period of six months from the date of issue of this notification in the Shimla Municipal Corporation Area limits, excluding the forest areas.

Monkeys are a protected species under Schedule II of the Wildlife (Protection) Act 1972. But if any wild animal poses danger to human life or property (including standing crops on any land), or is so disabled or diseased as to be beyond recovery, the law allows for its killing.

The petitioner pleaded that killing monkeys for creating violence was not the solution. Instead, any scientific method can be used to deal with them.