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Kerala High Court seeks Centre, Kerala govt stand on PIL alleging illegal capture of elephants

In 1977, elephants were added to schedule-1 of the Wildlife Protection Act of 1972 and therefore, it became illegal to capture or tame them.

Published Apr 06, 2024 | 3:39 PMUpdated Apr 06, 2024 | 3:39 PM

Captive elephant

The Kerala High Court has sought the Centre and state government’s stand on a PIL alleging that the elephants in captivity in the state were illegally captured and seeking a ban on their training, trading, parading, and possession.

A bench of Chief Justice AJ Desai and Justice VG Arun issued notice to the Ministry of Environment, Forests and Climate Change, the Wildlife Crime Control Bureau, and the Kerala government, seeking their response to the PIL by animal rights activist Angels Nair.

The High Court has listed the matter to be taken up next on 13 June.

The petition

Nair, in his petition, also sought the release of captive elephants into the wild following guidelines issued by the International Union for Conservation of Nature (IUCN) and the Central Zoo Authority of India.

Additionally, he sought a probe by the CBI or any other external agency into the illegal training, trading, transportation, and possession of captive elephants and the quashing of the Captive Elephant (Transfer or Transport) Rules, 2024 framed by the central government.

Nair claimed that it has always been illegal to capture wild elephants for private use in captivity, but there was no law or rules in place prohibiting it before 1977.

Also Read: Wild elephant kills man in Kerala, govt announces ₹10 lakh compensation

1977 amendment 

In 1977, elephants were added to schedule-1 of the Wildlife Protection Act of 1972 and therefore, it became illegal to capture or tame them, the petition has said.

It has also claimed that more than 54 percent of the elephants in captivity now were born after 1977 and therefore, their capture and taming was illegal.

This does not include elephants in rehabilitation centres, hospitals and zoos, the plea has said.

Nair alleged that captive elephants suffer horrendous torture by their owners who often deprive them of food and water as part of the training process.

Citing figures, which he claimed to have received under the Right to Information Act, Nair contended that the captive elephant population in Kerala in December 2010 was 702 and this number came down by 41 percent to 410 in December 2023.

Very few of these deaths are due to old age, he said.

Also Read: Human-drawn boundaries won’t resolve human-animal conflicts: Kerala HC

(Disclaimer: The headline, subheads, and intro of this report along with the photos may have been reworked by South First. The rest of the content is from a syndicated feed, and has been edited for style.)

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