Background of the Incident
The case originated from a Public Interest Litigation (PIL) filed by petitioner Abhijeet Pandey, who highlighted two videos circulating on social media. These videos allegedly depicted three individuals suspiciously burying an object within the premises of the District Hospital in Indore. The petitioner expressed concerns that the object was a turtle, which had been killed as part of a witchcraft ritual, locally referred to as "Tantra Mantra Kriya," aimed at obtaining financial gains.
Legal Framework: Wildlife Protection Act, 1972
The Wildlife Protection Act, 1972, is a comprehensive statute enacted to safeguard wildlife and their habitats across India. Under this Act, turtles are classified under Schedule I, granting them the highest level of protection. Section 9 of the Act explicitly prohibits the hunting of animals listed in this schedule, and any violation is subject to stringent penalties under Section 51, which can include imprisonment for a term not less than seven years.
Petitioner's Allegations and Authorities' Response
Following the emergence of the videos, the petitioner lodged a formal complaint on May 25, 2024, with the Superintendent of Ralamandal Sanctuary in Indore. In response, the Conservator of Forest, Indore Range, initiated an investigation. The exhumed turtle was sent to the School of Wildlife Forensic and Health at Nanaji Deshmukh Veterinary Science University in Jabalpur for a post-mortem examination. The report indicated that the turtle had been hunted, and traces of 'Kumkum' (a traditional red powder) were found on its body, suggesting ritualistic practices.
Court's Observations and Directives
The division bench, comprising Chief Justice Suresh Kumar Kait and Justice Vivek Rusia, noted the lack of decisive action from the authorities despite the petitioner's complaint and the post-mortem findings. The court directed the respondents, including the Principal Secretary of the state's forest department and other relevant officials, to consider the petitioner's complaint dated May 29, 2024, and to conduct a comprehensive investigation under the Wildlife Protection Act, 1972.
Cultural Significance of Turtles in India
In Indian culture, turtles hold significant spiritual and religious importance. They are often associated with various deities and are considered symbols of longevity and stability. The alleged use of a turtle in witchcraft not only violates legal statutes but also offends cultural and religious sentiments.
Implications of the Court's Order
The High Court's directive underscores the judiciary's commitment to enforcing wildlife protection laws and addressing animal cruelty. By mandating a thorough investigation, the court aims to ensure accountability and deter future violations. This case also highlights the challenges in combating superstitious practices that lead to the exploitation of wildlife.
Conclusion
The Madhya Pradesh High Court's intervention in this matter serves as a critical reminder of the importance of wildlife conservation and the need to uphold the rule of law against superstitious practices that harm animals. The outcome of the investigation will likely set a precedent for how similar cases are handled in the future, reinforcing the legal protections afforded to wildlife in India.
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