Kerala High Court Temporarily Prohibits Elephant Transfers From Other States, Cites Large Number Of Deaths Due To Ill-Treatment In Captivity

The Court passed the above order in a petition moved to restrain the transfer of elephants into the State under the Captive Elephant (Transfer & Transport) Rules, 2024.

The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Gopinath P noted that many elephants in the State are dying in captivity due to inadequate care.

“In that view of the matter, and especially taking note of the conditions imposed in Sub Rule (2) of Rule 7 of the Captive Elephant (Transfer or Transport) Rules, 2024, we feel it appropriate to injunct, until further orders, the State of Kerala and its Chief Wildlife Warden from issuing any order permitting the transfer of any elephant from outside the State into the State of Kerala under the provisions of the Captive Elephant (Transfer or Transport) Rules, 2024 or in any other manner.”

Rule 7 stipulates the terms and conditions for the transfer of elephants. The rule states that the Chief Wild Life Warden shall permit the transfer of elephants only on being satisfied that the elephant will have better upkeep than in the present circumstances.

The Court observed that a total of 154 elephants have died in captivity from 2018 to 2024. The Court found that a large number of elephants die from ill-treatment and lack of proper care.

“..far from satisfactory and can be even termed Pathetic”, said the Court while taking note of the condition of captive elephants in the State.

As such the Court prohibited the State Government and Chief Wildlife Warden from authorizing elephant transfers into Kerala from other states.

The plea has been moved by Senior Advocate Dhanya P.Ashokan, Advocates M.R.Venugopal, S. Muhammad Alikhan & Anjana S. Raj

Case Number: WP(C) NO. 27607 OF 2024

Case Title: Walking Eye Foundation For Animal Advocacy 263/A v Union of India