Human-elephant conflict in Assam: A critical appraisal of the wildlife (Protection) act, 1972 and its judicial interpretation
Year: 2026
Type: article
Abstract: The persistent and escalating Human-Elephant Conflict (HEC) in Assam poses a significant challenge to wildlife conservation, forest governance, and rural livelihoods. This research paper critically examines the legal and judicial responses to HEC in Assam, with a special focus on the Wildlife (Protection) Act, 1972 (WPA), and its interpretative jurisprudence. The state of Assam, being a critical habitat for the endangered Asian elephant, has witnessed increasing incidents of crop depredation, property destruction, and human casualties, primarily due to habitat fragmentation, deforestation, linear infrastructure development, and encroachment on elephant corridors. Despite the legal protection accorded to elephants as a Schedule I species under the WPA, the enforcement framework appears inadequate to address the complex socio-ecological dimensions of this conflict. This paper evaluates the statutory provisions of the WPA in relation to elephant conservation and analyzes landmark judicial decisions that have attempted to reconcile environmental protection with human rights and development needs. It explores the evolving jurisprudence surrounding Article 21 of the Constitution of India, which includes both the right to life of humans and the right to a dignified existence for wildlife. The study further assesses the efficacy of policy measures, including compensation schemes, translocation efforts, and the use of technology in mitigating HEC. Employing a doctrinal methodology, the paper identifies legislative gaps, administrative inertia, and lack of community participation as key impediments to resolving HEC in Assam. It advocates for a rights-based, ecosystem-centric approach grounded in participatory conservation and legal reform. The findings underscore the urgent need for a harmonized legal strategy that integrates ecological science, traditional knowledge, and judicial foresight to ensure coexistence between humans and elephants. The paper concludes with recommendations aimed at strengthening the legal framework and promoting sustainable human-elephant coexistence in Assam.
Authors: Shahnaj Sultana, Kuntala Roychoudhury
Institution: The Assam Royal Global University
Language: English
Subfield: Ecology
Field: Environmental Science
Domain: Physical Sciences
Open Access status: bronze
OpenAlex ID: W7210263867