In a significant move aimed at safeguarding the welfare of captive elephants, the Kerala High Court on Thursday directed the State government to form a dedicated team to conduct a comprehensive survey of all captive elephants in the State. The directive was issued by a Bench comprising Justice AK Jayasankaran Nambiar and Justice Gopinath P while hearing the case In Re Captive Elephants v Union of India & ors.
The Court emphasized the urgent need for accountability, proper care, and regulation concerning captive elephants. “If only the rules are adhered to, nothing else is required. Every festival has to be regulated, and all data books must be kept updated,” the Bench remarked.
Team Composition and Responsibilities
The Court ordered the State to constitute a team consisting of District Collectors and Divisional Forest Officers (Social Forestry) from each district, under the supervision of the Chief Wildlife Officer. The team will be tasked with:
- Verifying the number of elephants.
- Identifying their ownership status.
- Checking whether individuals or institutions holding the elephants have valid ownership certificates.
“We direct the State to constitute a team to undertake a survey of the captive elephants held by private individuals and institutions and submit a report before the Chief Wildlife Warden, containing the details of each elephant and the person who has current custody of the elephant. The report should also indicate whether the person holding custody has an ownership certificate in his name or not,” the Bench stated.
The Chief Wildlife Warden was further directed to compile the data collected during the survey and submit a consolidated report. The State government was instructed to provide details of all officials assigned to the task.
Concerns Raised Over Ownership Discrepancies
During the proceedings, Senior Counsel Ranjith Thampan appeared on behalf of the custodian of a specific elephant, Abhimanyu, which became central to the discussion. The Court highlighted discrepancies in ownership certificates, including instances where multiple certificates listed different ages for the same elephant.
The Bench expressed dissatisfaction over the State’s lack of comprehensive data on captive elephants. “You are not addressing the elephant in the room… The State government doesn’t even see the elephant in the State. If you close your eyes, you won’t notice all this. If there is no owner, how will the elephant be cared for?” Justice Nambiar asked pointedly.
Recommendations for Improved Documentation
An expert involved in the hearing suggested creating a standardized proforma to facilitate the identification and documentation of captive elephants. The Court agreed, noting the importance of clarity in ownership and proper regulation.
Hearing Adjourned to January 2025
The case, which has drawn attention to the plight of captive elephants, will be heard next on January 9, 2025. The High Court had previously issued several directives to regulate the treatment and exhibition of elephants, particularly during festivals and parades, where they are often exploited for commercial purposes. However, those directions were later stayed by the Supreme Court.
This latest directive seeks to address longstanding concerns over the welfare and ownership of captive elephants in Kerala, aiming to ensure transparency and adherence to legal standards.
