Introduction:
On April 9, 2025, the Delhi High Court addressed a Public Interest Litigation (PIL) filed by the Save India Foundation, represented by Advocate Umesh Sharma, concerning the electrocution deaths of peacocks in the national capital. The petition sought the formulation of regulations to safeguard India’s national bird from hazards posed by exposed electrical installations.
Petitioner’s Arguments:
The petitioner highlighted a significant issue: peacocks frequently perched on open electric poles and wires, leading to fatal electrocutions. They emphasized the absence of specific regulations or standard operating procedures to protect these birds from such dangers. The petitioner also noted that representations had been made to various authorities, including the Department of Forests & Wildlife and the Secretary of Power of the Delhi Government, on April 3, 2025.
Court’s Observations and Judgment:
The division bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, expressed reservations about entertaining the petition at this stage. They questioned the rationale behind approaching the court without allowing reasonable time for the authorities to respond to the representations, which had been submitted merely six days prior. The bench underscored the importance of exhausting administrative remedies before seeking judicial intervention, stating that there is no legal presumption that authorities will fail to act.
Furthermore, the court clarified its constitutional role, emphasizing that it is not within the judiciary’s purview to legislate or frame regulations—a function designated to the legislative branch. The bench advised the petitioner to direct their concerns to the appropriate legislative bodies if they sought the creation of new laws or regulations.
In light of these considerations, the court dismissed the PIL but granted the petitioner the liberty to submit a comprehensive representation to the relevant authorities within two weeks. The court directed that upon receipt of such a representation, the authorities should duly consider and address the concerns raised, taking appropriate action as per the law.