Kolkata, April 10 -- Observing that there is no expressed bar for grant of compensation to victims of tiger attack inside a prohibited area, Calcutta High Court directed the state to pay compensation under revised rate to a widow whose husband died inside Sajnekhali Wildlife Sanctuary inside the Sundarban Tiger Reserve (STR) in 2011. The bench of Justice Amrita Sinha was moved by the widow praying for an ex-gratia grant for the death of her husband in a tiger attack.
The state submitted that the attack took place inside a prohibited area for fishing, crab collection etc. Since the deceased entered into such an area without permission, compensation to the legal heir cannot be allowed.
The court noted that the autopsy report mentioned tiger attack as cause of death. From the petition of the fishermen, it was deduced that the incident occurred in Pachmukhani- 4 forest compartment which lies in the STR and the area is the Sajnekhali Wildlife Sanctuary.
Court observed that nothing on record showed that the prohibited area is either cordoned / fenced or demarcated to bar fishermen from entering the said place. Neither was there any indication alerting fishermen. "It is the bounden duty of the competent authority to ensure that the protected/prohibited areas remain free from public encroachment or infringement," court said.
Court observed that the fishermen of the areas are illiterate and unaware of the legal consequences of entering into the prohibited zones. Their fight for hunger compels them to enter into these zones to either catch fish or crab or collect honey.
Further, the court observed there is no expressed bar for grant of compensation to victims of tiger attack inside a prohibited area, according to a state government order (February 26, 2021) which speaks of only compensation. The court directed the state to pay ex-gratia to the widow at the revised rate (2021) so she may receive some financial assistance to tide over the financial crisis faced on account of the death of her husband.
Published by HT Digital Content Services with permission from Millennium Post.