The Supreme Court on Tuesday directed the Central Elephant Health and Welfare Committee (CEHWC) to take necessary steps for implementation of decisions concerning captive elephants and file a status report, while directing the Centre and the Committee to submit a comprehensive report on the DNA profiling, identification, healthcare and upkeep of captive elephants.
The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a PIL concerning the release, rehabilitation and welfare of captive elephants.
Senior Advocate Aparna Bhat, appearing for the petitioners, submitted that there were 2,675 captive elephants as per the 2018 census, with Kerala and Assam having among the highest numbers. She pointed out that several elephants allegedly did not have proper documents showing how they came into captivity and alleged that elephants were being used for religious and commercial purposes, including joy rides and begging.
The petitioners sought, among other things, that no new elephants be brought into captivity, a fresh census be undertaken and details of elephants registered on the Government’s Gajah/Soochna App be disclosed.
The Court, however, clarified that its immediate concern was not ownership of captive elephants but their upkeep, wellbeing and healthcare. The Bench directed the MoEFCC and CEHWC to submit a comprehensive report explaining whether DNA profiling of all captive elephants had been completed and, if so, whether the information had been duly updated on the relevant digital platform.
The Court further directed the authorities to consider introducing an effective and transparent system of specialised elephant healthcare, under which owners of captive elephants would be required to take them for regular medical check-ups. Medical records of each elephant would have to be maintained, while a committee would monitor treatment and prescribe minimum standards for their housing and upkeep.
The Court also directed that ownership or transfer of captive elephants should not be permitted except in accordance with the applicable rules, with particulars of both the transferor and transferee as well as the purpose of transfer being recorded.
It further directed that there must be a mechanism for renewal of ownership certificates, and that at the time of renewal, complete information concerning the captive elephant should be revisited.
Court Raises Concern Over Private Ownership
During the hearing, the Bench particularly focused on elephants kept by private individuals, questioning whether such owners had the financial capacity to properly feed, maintain and care for the animals and why they were being kept in the first place.
The CJI also asked whether there was a digitised record containing details such as the elephant’s age, identity and health, and suggested that an ownership certificate itself could be made conditional upon periodic medical examination.
The Court observed that its “main concern is elephants’ health”, rather than interfering with legitimate ownership or religious practices.
‘Respect To Divinity Should Extend To Elephant Also’: SC
The Bench also considered the use of elephants in temples and religious processions. Senior Advocate K. Parmeswar, appearing in the matter, submitted that Kerala had specific rules regulating captive elephants and that every elephant was tagged. He cautioned against treating all temple elephants alike and said that Kerala was already in the forefront of regulating their use.
Justice Joymalya Bagchi clarified that the Court was not seeking to interfere with religious or personal rights but emphasised that the use of elephants must remain consistent with laws relating to animal welfare. He observed:
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“We are not intruding into personal or religious rights. But we have to harmoniously with other laws. If in a temple, an elephant is used for religious procession, it must be regulated to hours…We are concerned with health and well being of elephants, with which temple management must also be interested. Respect to divinity should extend to elephant also.”
The Bench also questioned whether adequate mechanisms were in place to ensure that elephants used by temples, circuses and other establishments received appropriate medical care and were not subjected to activities inconsistent with the Prevention of Cruelty to Animals Act.
The Court directed the authorities to file the requisite status report, including specifically addressing compliance with its earlier order dated November 1, 2018. It also directed the Committee to take necessary action for implementing its decisions concerning captive elephants.