The Madras High Court on April 18, 2023 asked the Tamil Nadu state government to invoke strict measures, including the Goondas Act, against those who illegally set up electric fences around their fields. A bench of Justices N Sathish Kumar and D Bharatha Chakravarthy said that it was important to send a "strong message to such people" and discourage them from setting up electrical fencing. As there are no guidelines on erecting electric fences and a general lack of awareness among the farmers regarding the technology and the legalities surrounding it, the court’s remark has become a cause of worry for farmers, who want to safeguard their produce from wild animals.
The comment was made while hearing contempt of court petitions against the state's Principal Chief Conservator of Forests and Chief Wildlife Warden Srinivas R Reddy and Tamil Nadu Generation and Distribution Corporation Ltd (Tangedco) chairman Rajesh Lakhoni. The comment was made in the backdrop of back-to-back incidents of electrocution of elephants in the state in March and April. In Dharmapuri, one such incident caused the death of three elephants including a Makna and led to the arrest of K Murugesan, a 67-year-old farmer, under the Goondas Act.
Two female elephants and a Makna (male without tusks) were electrocuted at Kali Kavundar Kottai in Kendanahalli in Dharmapuri district after coming into contact with a live electric fence on March 7, 2023. Two calves in the herd were saved after the forest squad alerted Tangedco staff and had the power supply disconnected. A week later, the forest department integrated the two calves into another herd. Nearly 10 days later, a tusker was electrocuted after touching a low-lying Tangedco high-tension power line in Kelavalli of Dharmapuri on March 18.
On March 25, another elephant was electrocuted in Poochiyur forest range of Coimbatore. On April 10, a tusker which came into contact with an illegal electric fence in the Sivagiri forest range in the Tenkasi district also lost its life. The farm owner, 65-year-old Karuppaiah, was booked under Wildlife Protection Act following the incident.
According to a 2023-24 policy note by the state’s Energy Department, 79 elephants have been electrocuted in the state in the past 10 years. Out of them, 48 deaths (61%) occurred due to illegal electrical fences. The remaining deaths happened when elephants pulled tree branches near transmission lines or hit electric poles. However, the Project Elephant Division of the Union Ministry of Environment, Forests and Climate Change while responding to a RTI request had stated that nearly 82 elephants died in the state during the same period.
An illegal electric fence in the Sivagiri forest range killed a tusker in Tenkasi district
The invocation of the Goondas Act against a farmer for setting up electric fences and the recent court observations have triggered a debate in the state. TNM talked to farmers and associations to understand their responses regarding the development.
The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982, which is referred to as the Goondas Act in short, empowers the state to put habitual offenders on preventive detention for up to a year.
Shanmugam, a ward councillor from Chandrapuram ward, which lies close to Kali Kavundar Kottai, justified the arrest of Murugesan under the Goondas Act. “Murugesan directly connected the live wire to the fence which caused the death of three elephants. I cannot imagine what would have happened if anyone would have accidentally stepped on the live wire. His arrest will restrain farmers from using live wire fencing,” he said. The low-level live wire fencing was installed to prevent the wild boars from entering the fields, he said.
According to him, after the incident, the Forest Department and the Energy Department issued notices to all farmers and created awareness about electric fencing through public announcements. Shanmugham said it would have helped if such initiatives were taken before the incident.
Farmers in Kendanahalli cultivate paddy, tomatoes, ragi, sorghum, and other millets. The elephants enter the farms during the summer season due to food and water scarcity inside the forests. “Elephants used to come here during the summer for food. This time, the abundance of crops made the elephants enter our locality frequently,” said Govindaraj, a farmer from Kali Kavundar Kottai.
The residents had informed the Forest department about the presence of elephants and they camped in the village for almost two months to prevent untoward events,” he said.
Tangedco's banner on illegal fencing in Kali Kavundar Kottai (Image: Special Arrangment)
Kannaiyan, president of Thalavadi Farmers Association from Erode, said the invocation of the Goondas Act against farmers is undemocratic. “Why didn’t the Forest Department officials who were involved in chasing away the elephants alert the Tangedco substation to disconnect the electricity? They failed to do so and to escape from their responsibilities, they arrested a farmer and booked him under the Goondas Act,” he alleged.
Kannaiyan said their association discourages farmers from installing live wire fencing. “What happened in Dharmapuri was unfortunate but arresting the farmer, who tried to protect his produce under the Goondas Act is unacceptable,” Kannaiyan said. In the wild-life bearing areas, it is their duty to inspect and realign the low-lying wires and ensure sufficient food and water availability to the elephants, he said.
Farmers may dig open wells for irrigation, install solar fence energisers or spray pesticide -- all these are done to successfully maintain their farms and generate income. “How can farmers be held responsible for the death of elephants if it happens while trying to protect their livelihoods?” asks Kannaiyan. He wants the Forest Department to ensure that elephants have enough fodder and water inside the forests and create awareness among farmers on the usage of electrical fencing.
While illegal electric fences erected around farmlands have led to tragic deaths of elephants in the state, farmers allege that they are being denied enough compensation for the crop damage. There is also a huge delay in paying compensation.
In Thalavadi, we used to get crop damage compensation 18 months after the incident occurred, said Kannaiayan. “Now, following repeated demands from our association, we get the compensation within three to five months. But compared to the neighbouring states, the compensation is very low,” he alleged. The process to get the compensation is also not easy as there are several hurdles.
“If I invest Rs 35,000 in my field to produce Ragi and the crop gets damaged due to wild animals, the compensation that I get would not even match half my investment,” said Shanmugam.
According to Kannaiyan, the application process to avail compensation for horticulture and agriculture are different. He urged the government to create a single window system for the farmers to get hassle-free compensation. “It is obvious that every farmer wants to protect their produce. For them, putting up battery powered electric fencing around the field is the easiest way to protect the crops. No one likes to get their produce damaged and visit multiple offices for compensation,” he said.
In Krishnagiri, forest officials had to exhume the carcass of a 4-year-old elephant which got electrocuted on November 15 last year and was buried secretly at Kadur village in Rayakottai. The elephant died after it came into contact with a live wire fence erected around a paddy field. Farm owner Ellappanclandestinely buried the carcass with the help of his sons. Now three of them are booked under the Wildlife Protection Act.
Penalising farmers without giving them solutions to address the issue of crop raids and the human-animal conflict in forest fringes is not helping.
Talking to TNM, a farmer from Coimbatore, under the condition of anonymity, said that most low-lying live AC wires that were set up around the fields were only meant for wild boars. The farmers do not intend to kill elephants. “Before booking a farmer for illegal electric fencing I urge the government to come up with a lasting solution for wild boar control,” he said.
The Kerala government authorised the local bodies to cull wild boars which become a menace to farmers. The Kerala government gave special powers to the local bodies to use a licenced shooter or entrapment to cull the wild boars under section 11-B (1) of the Wildlife (Protection) Act 1972.
While fences powered by Direct Current (DC) energisers - which leaves mild intermittent shocks that would turn animals away - are allowed, live wire electric fences are dangerous and illegal. But elephant deaths in the state have happened not only due to live wire fences. Even DC current from a solar fence can kill elephants if they exceed 5 joules. In solar fencing, the primary function of an energiser is to produce a brief but sharp voltage from the output of the charged battery. The battery gets charged when the solar module generates direct current (DC) from sunlight. Energiser produces the pulses that pass through the fence at a rate of one pulse per second. Every pulse lasts for three microseconds to ensure that no harm is caused to anyone who comes into contact with the solar fence.
“There are no guidelines for legal electric fencing. Without guidelines, farmers cannot be prosecuted,” said an activist who did not want to be named. “Manufacturers of energisers and the sellers who fool the farmers should be held responsible. Despite court pleas and representations made to the Forest Department, no steps have been taken to ensure BIS certification.
“Farmers become victims as they think DC energisers in the local market are safe even if they don’t carry BIS certification. When the electrocution of wildlife happens, accountability should not stop with the farmer alone,” he said.
Tangedco and forest personnel give pamphlets on illegal electric fencing to farmers
N Sadiq Ali, founder, Wildlife and Nature Conservation Trust, said the electrocution deaths of elephants can be minimised with the help of Electricity Board (EB) personnel. “Mostly we talk about the deaths of big animals. But many other species like snakes and porcupines die in large numbers but their deaths go unnoticed,” he said. The EB linemen should inspect all the vulnerable areas promptly to inspect the low-lying wires and electric poles, which are more than 20 years old, he said.
There should be increased vigil and discussions with farmers to create awareness, said Sadiq. "The government should come up with guidelines on the use of technology and get permission from the local EB office even to set up DC solar fencing. The checks and approval by EB personnel can save elephants,” he said.
TNM reached out to Supriya Sahu, Additional Chief Secretary in charge of Department of Environment, Climate Change and Forests for a response but said she would need more time to respond to the queries.
Additional Advocate-General J Ravindran had informed the court on April 18 that Tangedco has made a 10-point action plan to prevent electrocution of elephants and that it would be implemented within a year. He also said that inspections are carried out at regular levels to identify sagging power lines.