Marine Insurance has evolved over the years, driven by
circumstances, experiences and case laws.
Marine Insurance Act 1963 under Sec 55 -
Included and excluded losses has this interesting exclusion. : Sec 55 (2) [C] - unless the policy otherwise provides, the
insurer is not liable for ordinary wear and tear, ordinary leakage and
breakage, inherent vice or nature of the subject-matter insured, or for any
loss proximately caused by rats
or vermin, or for any injury to machinery not proximately caused by
maritime perils.
The wild boar (Sus scrofa), also
known as the wild swine or Eurasian wild pig is native to much of Eurasia,
North Africa, and the Greater Sunda Islands. Human intervention has spread its
range further, making the species one of the widest-ranging mammals in the
world, as well as the most widely spread suiform. The species lives in
matriarchal societies consisting of interrelated females and their young (both
male and female). Fully grown males are usually solitary outside of the
breeding season. In US, the pigs were
reportedly first introduced in the 1500’s by Spanish Explorer, Hernando DeSoto.
In the centuries following European exploration and colonization of the eastern
U.S., free-range livestock management practices and escapes from enclosures
resulted in the establishment of wild pig populations and promoted their
spread.
Back home, they are a menace too and
today’s TOI carries an article titled ‘ why culling of wild boars is humane’ ! ~
an article by a retired principal chief conservator of forests.
Some
may feel that the implementation of Operation Wild Boar, wherein foresters will
be allowed restricted culling of the animal, is too harsh on wildlife, but in
the long run this idea will help in keeping the ecological balance of a region.
The recent Madras high court judgment allowing for shooting of wild boars is an
attempt to resolve the conflict between wildlife and humans.
The
problem of wild boars destroying crops like banana, coconut, groundnut, maize
and tapioca has been a recurrent issue and earlier attempts to control it by
paying compensation for the losses, tranquilisation and translocation, setting
up of energised fences and building trenches have not had the desired result.
Reducing excessive wild boar population by culling is perhaps a more realistic
and pragmatic approach, but it needs to be handled with extreme care. Wildlife
regulations that came into force in 1972 provide the framework for scientific
culling and active wildlife management.
Forest
rangers and foresters will be empowered to shoot crop-raiding wild boars for a
prescribed period of time. The shooting of crop-raiding wild boars will be done
under Section 11(b) of Wildlife Protection Act 1972 and will be implemented
soon on a pilot basis in districts like north and south Tiruvannamalai, Hosur,
Tirupattur, Vellore, Coimbatore, Hassanur and Madurai forest divisions. But
what is needed is careful planning on the part of the forest department. A
location-specific intensive study and training of personnel to shoot the animal
needs to be ensured before the process of culling begins. Later, record of each
animal killed should be kept. This is essential since the idea of culling is to
control the numbers and not create a deficiency of the species.
While
culling may be considered the most practical way of reducing numbers of a
certain species, the root cause of any man-animal conflict has been the
decreasing forest cover over the years. Human encroachment for construction or
farming and exploitation of forest resources have contributed to the depleting
food and water sources inside the forest. Lack of food has forced wild animals
to stray into agricultural lands outside the forest leading to the destruction
of crops and property. The consequence of such intrusion is death on both
sides, as many a farmer is killed by crop raiding elephants and gaurs and
elephants are electrocuted while trying to enter human habitation. Since
restoring ecological balance of forests can only be done over a period of time,
the numbers of animals first needs to kept in check, so that other conservation
methods can follow.
Hence
the order for culling needs to be implemented under strict supervision to
ensure that there is no poaching and the animals are not killed
indiscriminately. Also the killing is done only in specified areas and for a
limited period of time. The proper enforcement of these procedures entails
trained forest personnel, in the absence of which the whole operation can fall
apart. The central government has declared wild boar a vermin in Uttaranchal,
but this order is for only for a period of one year, from the date of issue of
notification that is February 3, 2016. After this the status of the animal in
the wild will be reviewed. After Uttaranchal many are for an amendment to
declare wild boars as vermin in specified localities in Tamil Nadu so that
their population can be kept in check and their growth observed at least for a
period of time so that the balance between man and animal can be restored
again.
The
culling programme may not work well since the state has limited forest
personnel. TN should consider declaring wild boars vermin which would allow
farmers also to shoot the marauding animals.
As stated in the article, the Union
Environment Ministry had declared wild pigs as ‘vermin’ for an year in
Uttarakhand. This allowed the State authorities to carry out an extermination
of wild pigs on a large scale without attracting penal provisions of the
Wildlife (Protection) Act, 1972. The Govt notification declared the animals to
be vermin across 13 districts of Uttarakhand. Wild pigs are a protected species
under Schedule III of the Wildlife (Protection) Act. But if any wild animal
poses a danger to human life or property (including standing crops on any
land), or is so disabled or diseased as to be beyond recovery, the law allows
for it to be hunted.
· Hernando
de Soto (1500 –1542) was a Spanish explorer who led the first European
expedition deep into the territory of the modern-day United States, and the
first documented European to have crossed the Mississippi River. He is credited
to having introduced wild pigs to US, which has spread rapidly.
·
Vermin,
are pests or nuisance animals, that spread diseases or destroy crops or
livestock. The term derives from the Latin vermis (worm), and was originally
used for the worm-like larvae of certain insects, many of which infest
foodstuffs. It is stated that there is
data collection procedure and a process based on which animals / birds could be
declared as ‘vermin’.
With regards – S. Sampathkumar
23rd May 2016.
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