Kerala HC Seeks Govt Response on Alleged Illegal Capture of Elephants

The Kerala High Court has sought the Centre and state government to provide their stance on a PIL alleging the illegal capture of elephants in Kerala for captivity.

The PIL, which also seeks a prohibition on their training, trading, parading, and possession, was filed by animal rights activist Angels Nair.

A bench comprising Chief Justice A J Desai and Justice V G Arun has issued notices to the Ministry of Environment, Forests and Climate Change, the Wildlife Crime Control Bureau, and the Kerala government, requesting their responses. The matter is scheduled for further consideration on June 13, 2024.

Nair’s petition further urges for the release of captive elephants into the wild in accordance with guidelines outlined by the International Union for Conservation of Nature (IUCN) and the Central Zoo Authority of India. Additionally, Nair seeks an investigation by the CBI or another external agency into the illegal practices surrounding the training, trading, transportation, and possession of captive elephants. The petition also calls for the nullification of the Captive Elephant (Transfer or Transport) Rules, 2024 framed by the central government.

According to Nair’s plea, the capture of wild elephants for private use in captivity has always been illegal, with legislation prohibiting it dating back to 1977. Since elephants were included in schedule-1 of the Wildlife Protection Act of 1972 in 1977, their capture or taming became unlawful. The petition highlights that over 54 percent of the elephants presently in captivity were born after 1977, rendering their capture and taming illegal, excluding elephants in rehabilitation centers, hospitals, and zoos.

Nair alleges that captive elephants endure severe mistreatment by their owners, including deprivation of food and water as part of the training process. Citing information obtained under the Right to Information Act, Nair contends that the captive elephant population in Kerala decreased by 41 percent from 702 in December 2010 to 410 in December 2023. He asserts that very few of these deaths are due to old age.