ORAL JUDGMENT:(Per A.S Oka, J.)

1. On the last date, We had extensively heard the submissions of the learned counsel for the petitioner in Writ Petition. We had put the parties to the notice that the Writ Petition will be heard finally. Today we have heard his further submissions. We have also heard the learned counsel for the petitioner in PIL. We have also heard the learned counsel for the petitioner in Writ Petition (the respondent No. 12 in the PIL) on the PIL.

THE FACTS AND SUBMISSIONS IN PIL

2. This PIL is filed for inviting the attention of the Court to the fact that the villagers of Battis Shirala in District Sangli are committing breaches of the provisions of the Wildlife (Protection) Act, 1972 (for short “the said Act of 1972”). It is pointed out that every year on the fifth day of Hindu month Shravan, festival of “Nagpanchami” is celebrated. The practice followed in the village is set out in the petition. It is pointed out that from the day of ‘Bendur’ which comes 20 days prior to Nagpanchami, the villagers of Battis Shirala start hunting and capturing the snakes of the categories Indian Cobras and Dhaman from the forests and adjacent areas. From that day, the captured Indian Cobras are detained in mud-pots, gunny bags etc. It is pointed out that on the day of Nagpanchami, the snake charmers go from the house to house and allow people to worship the captured Cobras. They collect money and other articles from the people. As regards the practice followed by the villagers in the village Battis Shirala, material averments are in clause (A) of paragraph 2 of the petition which is reproduced as under:

“A] Battis Shirala, Dist. Sangli:

Battis Shirala village is Taluka in Sangli District of South Maharashtra. The village has the population of about 25,000 people approximately. It enjoys the distinction of housing the worlds largest collection of snakes more particularly snake Cobra and Dhaman. The villagers of Battis Shirala catch/hunt/capture these snakes and perform and exhibit them before the visitors and public and create Hypnotic sounds with play pots on Nagpanchami day. The festival of Nagpanchami is celebrated with its ritualistic fun fare in the village. Earlier few snake charmers would bring snakes in the Cane baskets and women use to perform puja of god snakes. This custom of worshiping the snakes brought by the snake charmers grew in many folds and took an ugly turn in last few years. In village Battis Shirala the villagers and the volunteers of various Nagmandals from the month of July, more specifically from the Bendur day start hunting/capturing snakes by destroying their habitats in the vicinity of village Battis Shirala. Small groups and Nagmandals have been formed. There are approximately 100 to 125 Nagmandals in the said village Battis Shirala. The villagers as well as the volunteers of the Nagmandals hunt/capture near about 800 to 1000 snakes more particularly Cobra and Dhaman every year on the occasion of the Nagpanchami. After hunting/capturing these snakes the villagers and volunteers of these Nagmandals confine the protected species under the act in a most inhabitable and congested place like Cane basket, Gunny bags, Plastic bottles/jar and clay pots for a period of 20 to 30 days. On the Nagpanchami day these snakes are exhibited to the public and to the visitors at large and live processions of these snakes are carried out on trucks, tractors, etc. The snakes are also exhibited in the Mandaps for the public exhibition and entertainment. Prizes are sponsored by various political parties, peoples and groups, for appropriate suitable Nagmandals and or volunteer and or villager who has hunted larger snakes in order to gain awards, money etc. these volunteers of the Nagmandals commit various kinds of cruelty on the snake in as much as the Cobra and other snakes are forced to do various kinds of acrobats to entertain the public at large. The volunteers of the Nagmandals and villagers for the sake of entertaining the public and gaining the profit commit various acts of cruelty on the captured snakes viz:

(A) Compel the protected species Cobra and Dhaman to make such moments which will look like as if the snake is dancing on the tune

(B) Forcing the protected species Cobra and Dhaman to bite clay pots.

(C) Putting the snakes on the person and taking photograph and dancing in the procession.

(D) Compelling the protected species Cobra and Dhaman to do certain kind of acrobats and keeping their competitions and prizes for them.”

In paragraph 3 of the PIL it is stated thus:

“3 The petitioners submit that the aforesaid activities are undertaken by the volunteers of the Nagmandals and the villagers of Village Battis Shirala in order to entertaining the public at large and to gain huge profits.”

3. The petitioners in the PIL are claiming to be activists. The attention of the Court is invited to various provisions of the said Act of 1972 and in particular sub-section 16 of Section of 2 which defines “hunting”. The attention of the Court is also invited to the definition of “captive animal” in sub-section 5 of section 2 of the said Act of 1972. The petitioners have pointed out the definition of “wild animal” incorporated in subsection 36 of section 2 of said Act of 1972. Reliance is also placed on section 9 of the said Act of 1972 which provides that no person shall hunt any of music. wild animal specified in Schedules I, II, III and IV except as provided under sections 11 and 12. It is pointed out that hunting of Indian Cobras is not covered either by section 11 or 12 of the said Act of 1972. The grievance in the petition is that the powers under sections 50 and 51 are not being exercised by the Officers of the Forest Department. It is pointed out that under the said Act of 1972, there are elaborate provisions for prevention and detection of offences. It is pointed out under section 51 of the said Act of 1972, contravention of any of provisions of the said Act of 1972 is made an offence which attracts imprisonment which may extend to 3 years or fine of Rs. 25,000/- or both. It is pointed out that if the offence is committed in relation to any animals specified in Schedule I or Part II of Schedule II, it becomes an aggravated offence. It is pointed out that Indian Cobras and Dhamans are in Part II of Schedule II and, therefore, the offence in relation to Indian Cobras will attract higher punishment as specified in the first and the second provisos to sub section(1) of section 51.

4. Reliance is placed on various orders passed by this Court in relation to practices followed on the day of Nagpanchami. It is pointed out that under the interim orders of this Court, procession with exhibition of snakes and the display of the snakes on any vehicle have been already prohibited. Reliance is placed on the Gazetteer of the Bombay Presidency published by the Government and especially the part relating to village Battis Shirala which does not take a note of the present practice of hunting the snakes for temporary period. Reliance is placed on the book “Dharmashastracha Ithihas” (the History of Dharmashastras) written by famous jurist Bharat Ratna Dr. P.V Kane for pointing out that catching the Indian Cobras or snakes is not at all a part of the religious ceremony to be performed on the day of Nagpanchami. Therefore, a writ of mandamus is sought for the implementation of the provisions of sections 50 and 51 for preventing illegal hunting of snakes at Battis Shirala and other villages. The prayer for interim relief is in the same terms.

THE FACTS AND SUBMISSIONS IN WRIT PETITION

5. In Writ Petition No. 8645 of 2013 which is filed by the Gramsabha of Battis Shirala, the challenge is to the constitutional validity of sub-section 16 of section 2 of the said Act of 1972 on the ground that the same infringes the fundamental rights of the members of the petitioners under Articles 25 and 26 of the Constitution of India. Various averments have been made in the said petition as regards the tradition followed during the celebration of Nagpanchami. It is pointed out even the Committee appointed under the orders of this Court recommended that the organizers of Nagmandals should be allowed to capture 5 Cobras for 10 days prior to the festival and release them 2 days after the festival. It is pointed out that the capturing Cobras for temporary period for the purposes of festival and worshiping live Cobras is an essential part of the tradition and religious practice followed by the villagers. Reliance is placed on the text of “Shrinath Lilamrut” compiled/edited by Shri Ramchandra Chintaman Dhere which refers to the performance of pooja of a live Cobra during the festival of Nagpanchami. It is contended that capturing a Cobra for temporary period and worshiping live Cobra is an essential part of the religious festival of Nagpanchami and, therefore, sub-section (16) of section 2 of the said Act of 1972 infringes the fundamental rights of the members of the petitioner conferred by Article 25 and 26 of the Constitution of India to the extent to which capturing of Cobras for a limited duration without causing them any hurt has been included in the definition of hunting in sub-section 16 of section 2 of the said Act of 1972. Reliance is placed on various decisions of the Apex Court on the Articles 25 and 26 of the Constitution of India.

REPLY OF THE STATE GOVERNMENT

6. The learned AGP representing the State has relied upon the affidavit filed in PIL No. 75 of 2011 of Shri Khudbuddin Gulab Mujawar, Sub Divisional Officer, Sangli and in particular statements made in paragraph 6 thereof. It is stated that the local residents of Battis Shirala and nearby villages catch snakes after Bendur Festival which will be on 11th July 2014. It is stated in the affidaivit that the if the persons catching the snakes are arrested immediately, it will be a very effective way of controlling the situation. Another contention raised in the affidavit is that it is almost impossible to take action against the villagers for violating the law on the very day of Nagpanchami as there is always a huge mob of persons who may create law and order situation.

CONSIDERATION OF SUBMISSIONS

7. We have carefully considered the submissions. The said Act of 1972 has been enacted for the protection of the wild animals, birds and plants with a view to ensuring the ecological and environmental security of the country. Under subsection (1) of section 2, the word animal is defined which includes mammals, birds, reptiles, amphibians, fish and other chordates and invertebrates and their young as well as eggs.

sub-section (16) of section 2 reads thus:

“2(16) “hunting”, with its grammatical variations and cognate expressions, includes,-

(a) killing or poisoning of any wild animal or captive animal and every attempt to do so;

(b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;

(c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs of nests of such birds or reptiles”

8. Thus, from the definition of hunting, it is apparent that every act of capture of wild animals or captive animals amounts to hunting. Thus, the fact that the capture is on a temporary basis for a short period makes no difference. Such a capture of wild animals or captive animals even for a few days is a hunting within the meaning of the said Act of 1972. The sub-section (36) of section 2 defines wild animal as an animal specified in Schedules I to IV and found wild in nature. The entry Nos. 9 and 12 in Part II of Schedule II are of “Dhaman or rat snake(Ptyas mucosus)” and “Indian Cobras (all sub-species belonging to genus Naja)” respectively. it is not even disputed that snakes Dhaman and Indian Cobras are included in the definition of wild animals in Sub-section 36 of section 2 of the said Act of 1972.

Section 9 of the said Act of 1972 reads thus:

“9 Prohibition of hunting:- No person shall hunt any wild animal specified in Schedules I, II, III WP 10388 and IV except as provided under section 11 and 12”.

9. Thus, the hunting of Dhamans and Indian Cobras is completely prohibited under section 9. Hunting includes capturing. It is not disputed that the sections 11 and 12 which are the exceptions to section 9 are not applicable in present case. Hence, the capturing or trapping of Dhamans and Indian Cobras even for celebrating Nagpanchami is completely prohibited by section 9. It is not disputed that the villagers of the said village are involved in the activity of capturing or trapping the Indian Cobras and other snakes such as Dhamans. Thus, the activity carried on by the villagers is completely prohibited by virtue of section 9 of the said Act of 1972.

10. Now we proceed to examine the challenge to the provisions of sub-section (16) of section 2 on the ground that the same infringes Articles 25 and 26 of the Constitution of India. Though the challenge is based on both the Articles, what is pressed into service at the time of submissions is the Article 25 of the Constitution of India which reads thus:

“25. Freedom of conscience and free profession, practice and propagation of religion-

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion;

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I-The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II-In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.”

11. As far as Article 25 is concerned, the scope thereof is no more res integra. There are various decisions of the Apex Court dealing with the said issue. One of which is the leading Judgment in the case of Commissioner of Police v. Acharya Jagadishwarananda Avadhuta 2004 12 SCC 770 Paragraph 9 of the said decision deals with the Articles 25 and 26 of the Constitution of India which reads thus:

“9 The protection guaranteed under Articles 25 and 26 of the Constitution of India is not confined to matters of doctrine or belief but extends to acts done in pursuance of religion and, therefore, contains a guarantee for rituals, observances, ceremonies and modes of worship which are essential or integral part of religion. What constitutes an integral or essential part of the religion has to be determined with reference to its doctrines, practices, tenets, historical background, etc. of the given religion. (See generally the Constitution Bench decisions in Commr, H.R.E v. Sri. Lakhmindra Tirth Swamiar of Sri. Shirur Mutt, Sardar Syedna Taher Saifuddin Saheb v. State of Bombay and Seshammal v. State of T.N regarding those aspects that are to be looked into so as to determine whether a part or practice is essential or not.) What is meant by “an essential part or practices of a religion” is now the matter for elucidation. Essential part of a religion means the core beliefs upon which a religion is founded. Essential practice means those practices that are fundamental to follow a religious belief. It is upon the cornerstone of essential parts or practices that the superstructure of a religion is built, without which a religion will be no religion. Test to determine whether a part or practice is essential to a religion is to find out whether the nature of the religion will be changed without that part or practice. If the taking away of that part or practice could result in a fundamental change in the character of that religion or in its belief, then such part could be treated as an essential or integral part. There cannot be additions or subtractions to such part because it is the very essence of that religion and alterations will change its fundamental character. It is such permanent essential parts which are protected by the Constitution. Nobody can say that an essential part or practice of one's religion has changed from a particular date or by an event. Such alterable parts or practices are definitely not the “core” of religion whereupon the belief is based and religion is founded upon. They could only be treated as mere embellishments to the non-essential (sic essential) part or practices.”

(emphasis added)

12. What is held by the Apex Court is that protection guaranteed under Articles 25 and 26 of the Constitution of India extends to rituals, observances, ceremonies and modes of worship which are essential or integral part of a religion. The integral part of a religion has to be determined with reference to its doctrines, practices and historical background of the given religion. The second test which is applied that the essential part of the religion means the core beliefs upon which a religion is founded. The essential practices are those practices that are fundamental to follow a religious belief. It is laid down by the Apex Court that to determine whether a part or practice is essential to a religion, it is necessary to find out whether the nature of religion will be changed without that part or practice. In the light of what is held by the Apex Court, the submissions made in support of challenge to sub-section (16) of section 2 will have to be tested.

13. In PIL 75 of 2011, the petitioners have relied upon the famous treatise “Dharmashastracha Ithihas” (The history of Dharma Shastras) which runs into five volumes, a work by a well known jurist Bharat Ratna late Dr. P.V Kane. His work has been duly recognized by many Courts including the Apex Court by quoting portions of his work. He has dealt with the religious ceremonies in connection with Nagpanchami. The contention of the petitioner in Writ Petition is that the worshiping of a live Indian Cobra is an essential part of the religious practice. Chapter 7 of the said treatise which deals with Nagpanchami does not refer to any such practice of worshiping live Cobras or snakes on that day. Various religious ceremonies which are performed in different parts of India Nagpanchami day have been set out in the said Chapter. As far as the State of Maharashtra is concerned, it is stated that the snakes as depicted in the pictures of snakes drawn in a particular manner are worshiped and not the snakes themselves. It is set out by Dr. P.V Kane that in old days, on the onset of monsoon, there were large number of cases of snake bites which resulted in loss of lives. He has opined that perhaps that is the reason why the practice of worshiping snakes must have started on Nagpanchami. There is a reference to the temples of snakes in different parts of the country. This treatise by Dr. Kane is one of the most exhaustive modern works available on the history of Hindu religious ceremonies.

14. In the Gazetteer of Bombay published in the year 1885 by the then Bombay Government, in volume XIX, there is a detailed information about village Battis Shirala. It is stated that the place is well known for its brass lamps or samais. Information incorporated in relation to Shirala does not refer to this practice of catching snakes for the purposes of the festival of Nagpanchami. On the other hand, the only reliance placed by the petitioner in the Writ Petition is on the book under the name and style of “Shrinath Lilamrut” compiled and edited by Shri Ramchandra Chintaman Dhere which refers to performance of pooja of a live Cobra during the festival of Nagpanchami. It is true that in the said book there is a reference to worshiping of live snake, but the work done by Dr. P.V Kane establishes that there was never a practice to catch the live snakes or Indian Cobras and to worship the same as a part of religious practice. Therefore, it is impossible to come to a conclusion that the capturing of live snakes for a temporary period and worshiping live Cobras or snakes on the occasion of Nagpanchami constitutes essential part of the Hindu Religion. It is impossible to record a finding that the so called practice is an essential practice which is fundamental to follow the religious belief. Hence, the provisions of the said Act of 1972 which prohibit hunting/capturing/trapping of Indian Cobras or Dhaman do not infringe fundamental rights under Articles 25 and 26 of the Constitution of India. Therefore, the challenge to the validity of sub-section 16 of section 2 must fail and, therefore, Writ Petition will have to be dismissed.

15. At this stage, reference will have to be made to Article 51-A of the Constitution of India which incorporates the fundamental duties of the citizens. What is material is clause (g) thereof which reads thus:

“51-A Fundamental duties:- It shall be the duty of every citizen of India-

(a)………….

(b)………….

(c)…………

(d)………….

(e)………….

(f)…………..

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.”

16. Thus, the fundamental duty of every citizen is to have a compassion for living creatures. The fundamental duty is to protect wild life which includes all animals which form a part of habitat. On this aspect, it will be necessary to make a reference to the decision of the Constitution Bench of the Apex Court in the case of State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat 2005 8 SCC 534. In paragraph 67 of the said decision, the Apex Court has dealt with clause (g) of Article 51A which reads thus:

“67 This reasoning is further strengthened by Article 51-A(g) of the Constitution. The State and every citizen of India must have compassion for living creatures. Compassion, according to the Oxford Advanced Learner's Dictionary means “a strong feeling of sympathy for those who are suffering and a desire to help them”. According to the Chambers 20 Century Dictionary, compassion is “fellow-feeling, or sorrow for the sufferings of another; pity”. Compassion is suggestive of sentiments, a soft feeling, emotions arising out of sympathy, pity and kindness. The concept of compassion for living creatures enshrined in Article 51-A(g) is based on the background of the rich cultural heritage of India the land of Mahatma Gandhi, Vinoba, Mahaveer, Buddha, Nanak and others. No religion or holy book in any part of the world teaches or encourages cruelty. Indian society is a pluralistic society. It has unity in diversity. The religions, cultures and people may be diverse, yet all speak in one voice that cruelty to any living creature must be curbed and ceased. A cattle which has served human beings is entitled to compassion in its old age when it has cased to be milch or draught and becomes so called “useless”. It will be an act of reprehensible ingratitude to condemn a cattle in its old age as useless and send it to a slaughterhouse taking away the little time from its natural life that it would have lived, forgetting its service for the major part of its life, for which it had remained milch or draught. We have to remember; the weak and meek need more of protection and compassion.”

(emphasis added)

The Apex Court has observed that no religion or holy book in any part of the world teaches or encourages cruelty to animals or living creatures.

17. Apart from the fact that the hunting of snakes of the category specified in item Nos. 9 to 12 of Part II of the schedule II is completely prohibited and is a serious offence under the said Act of 1972, the fundamental duty enjoins every member of the petitioner in Writ Petition No. 8645 of 2013 to protect the Indian Cobras and snakes of the categories which are referred to above. It is obvious that when a citizen attempts to catch the snakes even for a temporary duration, he commits a breach of a fundamental duty of the citizen under clause (g) of Article 51-A of the Constitution of India. Catching of snakes in such a manner shows complete absence of compassion to living beings.

18. Thus, we have no hesitation to come to the conclusion that the practice followed in Battis Shirala and in various other parts of the State of Maharashtra of catching snakes and Indian Cobras for the festival Nagpanchami is not only completely illegal, but it is an offence. Large number of photographs have been annexed to the PIL to show the manner in which the Indian Cobras are kept in mud-pots, gunny bags and other containers. After having perused the said photographs, suffice it to say that the snakes which are caught for a temporary period are being subjected to cruelty.

19. In the circumstances, we are inclined to issue rule in the PIL and grant interim relief in terms of prayer clause (b). We do not find any merit in the Writ Petition and the same must fail.

20. However, we must note here that it is not in dispute that for last few years, the villagers of Battis Shirala have been indulging in this activity. One who is committing an offence must be dealt with in accordance with law and it is necessary to ensure that he is punished in accordance with the provisions of law. Apart from taking recourse to penal provisions, this is a case where as a preventive measure, the State will have to undertake large scale public awareness programmes on this subject especially in the light of the fundamental duty of citizens incorporated in clause (g) of Article 51-A of the Constitution of India. The petitioners in the PIL who are animal activists and other NGOs who are working in this field will have to effectively assist the State administration and Forest Department for ensuring the effective implementation of the said Act of 1972. The NGOs and Forest Department will have to start awareness programmes. The NGOs will have to involve the school and college students in the awareness programmes and, therefore, comprehensive policy will have to be adopted by the State Government on this aspect after consulting various NGOs and experts in the field. It is true that the law as its stands will have to be enforced, but it is also necessary to ensure that the citizens become aware of the provisions of the said Act of 1972 and that the citizens start performing their fundamental duty under Article 51A of the Constitution of India.

21. The affidavit of Shri Mujawar, Sub Divisional Forest Officer, Sangli discloses that the Collector of the District Sangli has conveyed a meeting on 18 July 2014 at 10.30 a.m to discuss the various issues concerning Nagpanchami festival. We permit the petitioners to attend the said meeting. The Collector shall also invite local NGOs who are working in the field of animal welfare for the said meeting. It will be open for the petitioners to inform some of the NGOs and request them to attend the meeting. The Collector shall also invite the representatives of the Gram Sabha of village Battis Shirala and other prominent citizens of village Battis Shirala. The Collector will have to apprise the representatives of the citizens of the village Battis Shirala about the legal provisions and about the implementation of the said Act of 1972. It is expected of the petitioners in PIL and other NGOs to co-operate with the Officers of the Forest Department of the State and to provide adequate number of volunteers on the Nagpanchami day. We make it clear that the presence of the volunteers will be to persuade the citizens and local residents of Battis Shirala to refrain from adopting in such illegal practices. We must make it clear that volunteers representing the NGOs and the petitioners will not be entitled to take law in their hands and they will have to ensure that law and order situation will not be created.

22. The District Collector, Officers of the Forest Department and representatives of NGOs will have to come out with comprehensive scheme of public awareness programmes.

23. The affidavit of Shri Mujawar, Sub Divisional Forest Officer, Sangli records that hand bills have been prepared by the State Government. The affidavit also notes that an appeal has been made inviting the attention of the members of the public to the provisions of the said Act of 1972 and to the fact that very serious penal consequences will follow in case of breach of the said provisions. The State Government will have to erect boards at various places in village Battis Shirala displaying the said appeal. The appeal will be in terms of page nos. 237 and 238 of the affidavit of Shri Mujawar.

24. Hence, we pass the following order:

WRIT PETITION NO. 8645 OF 2013

(I) Writ Petition No. 8645 of 2013 is hereby rejected;

(II) The learned counsel for the petitioner in Writ Petition No. 8645 of 2013 seeks leave to appeal to the Apex Court. Considering the reasons which we have recorded, the said prayer is rejected.

PUBLIC INTEREST LITIGATION NO. 75 OF 2011

(III) We issue rule in PIL No. 75 of 2011. Learned AGP waives service for respondent Nos. 2 to 11. Learned counsel for respondent no. 1 waives service. There will be interim relief in terms of prayer clause (b);

(IV) We direct the District Collector, Sangli, to allow the petitioners and various Non Government Organizations to attend the meeting which is convened on 18 July 2014. The Collector shall also permit the representatives of the 12 respondent to attend the meeting. The Collector shall ensure that the prominent citizens of the village Battis Shirala are invited to attend the said meeting. This direction will apply to all further meetings held by the Collector on the subject;

(V) The petitioners shall ensure that adequate number of trained volunteers who are conversant with the provisions of law are made available at village Battis Shirala on the day of Nagpanchami;

(VI) We direct the Collector and the Officers of the Forest Department to erect the boards containing the appeal as set out on page 239 of the affidavit, the Boards shall be erected at prominent places in Battis Shirala and in or around Battis Shirala near forests where activity of hunting of snakes takes place;

(VII) The State Government shall ensure that adequate number of hand bills in terms of the draft at page 240 of the affidavit are made available to the NGOs and volunteers for distribution to the villagers and other people who visit the village for participating Nagpanchami;

(VIII) We make it clear that the role of NGOs and volunteers will be confined to making peaceful appeal to the villagers and citizens to abide by the provisions of the Wildlife Protection Act, 1972. Therefore, the role of the NGOs and volunteers will be to assist the Officers of the Forest Department, Revenue Department as well as police and no attempt shall be made by them to take the law into their own hands;

(IX) We direct the the District Superintendent of Police of District Sangli to provide adequate police force for implementation of this order and for the protection of the Officers of the Forest Department as well as representatives and volunteers of the NGOs;

(X) The District Collector or any senior Officer nominated by him shall file compliance affidavit on or before 31st August 2014;

(XI) We direct the State Government to constitute a committee consisting of Officers of appropriate higher rank of the Revenue and Forest Departments as well as representatives of relevant NGOs for evolving action plan for due implementation of the provisions of the Wildlife Protection Act, 1972 with reference to hunting of snakes in some parts of the State like Battis Shirala for Nagpanchami festival;

(XII) The State will have to initiate Awareness Programmes for making the public at large aware of the provisions of the said Act of 1972 by involving NGOs and school and college students. The Committee will also deal with this aspect;

(XIII) Appropriate decision shall be taken by the said Committee within a period of three months from today;

(XIV) The State Government will take appropriate decision on the basis of the recommendations of said Committee on or before 31 December 2014;

(XV) For considering the compliance affidavit filed by the Collector or the Officer nominated by him, this petition shall be listed on 10 September 2014 under the caption of ‘Directions’;

(XVI) The State Government shall also file an affidavit as regards constitution of the Committee on or before the next date;

(XVII) As the Judgment and Order will not be immediately ready, we direct the Collector and all concerned to act upon an authenticated copy of the operative part of the Judgment and Order.