In a recent judgment, the Delhi High Court dismissed a Public Interest Litigation (PIL) filed by the NGO Save India Foundation, which sought directives for safeguarding peacocks against electrocution. The bench, consisting of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, ruled that the matter should be addressed by the relevant authorities and not through judicial intervention.
The NGO had called for the establishment of regulations to prevent the national bird from coming into contact with dangerously exposed electrical installations operated by distribution companies (discoms). According to the foundation, these discoms have been negligent, leaving electric poles and wires unprotected, leading to frequent incidents where peacocks suffer fatal electrocutions.
The court highlighted the premature nature of the PIL, noting that the NGO had only approached the Delhi government’s Department of Forests and Wildlife and the secretary of the power department on April 3, with the petition filed just three days later on April 6. The bench expressed its concern over the hasty legal action without allowing sufficient time for the authorities to respond to the grievances.
“We are not inclined to entertain the petition. It is dismissed,” the bench stated firmly. However, the court did grant the petitioner the liberty to make a representation to the appropriate authorities, with a directive to decide the matter according to the law within two weeks.
The judges emphasized the court’s limitations, remarking, “There is no presumption in law that there will be no response. We don’t encourage such matters. We may have sympathy with your cause but we cannot appreciate the filing of petitions like this.”
The bench further advised that if there is a lack of legislation concerning the protection of peacocks from electrocution, the appropriate course of action would be to approach the legislature. The plea argued that the absence of standard operating procedures or guidelines significantly contributes to the problem, with authorities allegedly indifferent and discoms failing to safely insulate their installations.
