'Ensure No Further Elephant Is Taken Into Custody Except For The Purpose Of Treatment': Madras High Court Directs State

The Madras High Court on Friday reiterated that the State must ensure that no further elephant is taken into captivity except for the purpose of treatment of such elephants if found unable to support itself in the wild. 

A Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu issued the directions on a Public Interest Litigation (PIL) petition filed by activist Rangarajan Narasimhan over the alleged inhumane treatment of captive elephants kept in temples across the State. 

"The State should ensure that no further elephant is taken into captivity except for the purpose of treatment of such elephants if found unable to support itself in the wild. No private person may capture any elephant or keep the same except those already existing", the Court directed. 

On Friday, government counsel C. Harsha Raj apprised the Court that there are 32 elephants in temples in the State and 31 elephants privately held, in addition to the 64 elephants under the custody of the Forest Department. 

The Elsa Foundation, an intervenor in the matter pointed out to the Court that the State forest department in its report submitted to the Union Ministry of Environment, Forest and Climate Change in January 2019 had claimed that 86 elephants were in the custody of temples and private individuals. However, now it had been reported that only 63 elephants were in the custody of temples and private individuals. Thus, going by the figures on record, 23 elephants were reportedly missing, it was submitted. 

Taking into consideration the grievance raised, the Bench directed, 

"The State should produce the statements, if any, furnished to the Ministry of Environment and Forests over the last five years regarding the number of elephants and other material connected to elephants."

Accordingly, the Court adjourned the matter to October 21 in order to ensure compliance of its directions. 

Case Title: Rangarajan Narasimhan v. The Chief Secretary and Ors

Click Here To Read/Download Order 

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