On Thursday, 18.01.2024, the Hon’ble Calcutta High Court directed the West Bengal Forest Department to pay Rs. 5 lakhs as compensation to two tiger widows from the Sundarbans. Their husbands were small-scale fishworkers. On 17 October 2019 both had fallen prey to tiger attacks when they had gone to fish in the Panchamukhani-2 Forest Compartment opposite to the Kalirchar area of the Sundarbans.
Immediately after the incidents, the same were duly reported in writing to the forest, police and Panchayat authorities. The death certificates and police investigation reports also noted the deceased as tiger victims.
Since 20 January 2020, both the tiger widows had applied for compensation multiple times before the relevant forest authorities. Their legal right to compensation stems from Order dated 26 January 2021 passed by the West Bengal Forest Department. The said Order specifies that the legal heirs of wildlife attack victims are entitled to Rs. 5 lakhs as compensation, subject to “certification regarding cause of death from appropriate authority”.
However, no action was taken by the Forest Department. So, both Sarojini Mondal and Saraswati Auliya, along with other tiger widows from and around the region, petitioned the West Bengal Commission for Women. Thereafter, the Forest Department summarily rejected their compensation claims on the ground that the victims had entered into a “prohibited area” of the Sundarban forest.
Aggrieved, both the tiger widows filed a writ petition each, challenging the rejection orders before the Hon’ble Calcutta High Court. On hearing the advocates of the petitioners and the forest department, the Hon’ble Justice Sabyasachi Bhattacharyya held that the documents submitted by the Petitioners corroborate that the deaths have been caused by tiger attack. He further held that if, for the purpose of earning livelihood through fishing, a person enters a restricted area, there might be other consequences, but denying compensation would be wholly disproportionate and beyond the scope of the ex-gratia scheme notification. He further held “the entry into a prohibited area has no consequences whatsoever in relation to the compensation payable to the family of the victim for tiger attack. Hence, the petitioners in both the cases are entitled to full compensation under the Government Order dated February 26, 2021 for loss of life of their respective husbands.” In this way, the Hon’ble High Court allowed both the cases in favour of the petitioners, directing the Field Director, Sundarban Tiger Reserve, to disburse compensation of Rs. 5 lakh each to the petitioners within 14 days.
Sundarban Byaghrobidhoba Samiti, an association of tiger widows of the Sundarban region of West Bengal was formed with the support of Dakshinbanga Matsyajibi Forum (DMF) and Society for Direct Initiative for Social and Health Action (DISHA).
Their cases were brought and argued before the Hon’ble High Court by Advocates Abhishek Sikdar, Santanu Chakraborty, Sahili Dey and Atindriya Chakrabarty.