Kerala High Court rules on the State's liability for harm caused by wild animals

28 October 2026

The Kerala High Court has held that the State cannot escape liability for death, injury or damage caused by wild animals. Justice Mohammed Nias C P dismissed the Forest Department's appeal against a civil decree in favour of the family of a man killed in a wild animal attack in Wayanad.

The court held that the State is the custodian and deemed owner of all wildlife, and that failing to keep wild animals out of human habitation infringes the right to life under Article 21 of the Constitution. Compensation is therefore available even where a claimant falls outside a government scheme or a statutory provision, and the ex gratia amount the government sanctions does not cap what a court may award. The court said authorities should take reasonable precautions such as trenches and boundary fencing.