Madras High Court Directs HR&CE Department Not To Acquire Any More Elephants, Asks State To Take Call On Rehabilitation Of Captives

Justice GR Swaminathan directed the Secretary of the Environment and Forest Department to coordinate with the Secretary of the Hindu Religious and Charitable Endowment (HR&CE) Department to consider shifting captive elephants to Government Rehabilitation Camps. The court also directed the HR&CE Department to issue directions to all the temples in Tamil Nadu not to acquire any more elephants.

Time has now come to take a call if all such elephants now in captivity (both temples and privately owned) should be shifted to Government Rehabilitation Camps. The Secretary to Government, Environment and Forest Department may coordinate with the Secretary to Government, HR&CE Department in this regard. The Secretary to Government, HR&CE Department shall issue a direction to all the temples in Tamil Nadu not to acquire any elephants anymore.

The court added that even though there was an earlier direction by the Madras High Court against elephants taken into captivity, elephants continued to be kept captive in temples and even by private individuals. These elephants were kept in unacceptable conditions away from their natural family. In some cases, unable to bear the torture, the animals turned aggressive and caused havoc.

In many a temple, the elephants are housed in absolutely unacceptable conditions. The concrete flooring, the tin roofing, the lack of freedom and poor supply of food make their lives hell. They are chained 24 hours a day. The drunk mahouts inflict terrible pain and cruelty on them. Separated from their natural family and unable to bear the torture, the poor animals do sometimes turn aggressive and violent.

Thus, the court opined that the Environment and Forest Department should conduct regular inspections in all temples and other privately owned elephants to ensure that they are kept in a good environment. The department should also ensure that the earlier directions of the court against the acquisition of elephants by private individuals and religious institutions are strictly enforced, it said.

The court made the directions while hearing a plea regarding the condition of Lalitha, a female elephant whose condition the court was constantly monitoring. Lalitha was under the custody and possession of one SGM Shaa. When a request for transfer of ownership of the elephant was rejected by the Principal Chief Conservator of Forests and Chief Wildlife Warden, Chennai, a challenge was made before the High Court.

The court upheld the order passed by the authority but permitted Shaa to retain custody of Lalitha. The authorities were given liberty to inspect her at any time and to move the Court for variation of the arrangement if circumstances warranted. Thereafter the caretakers had been periodically sending reports and photographs of Lalitha.

However, the elephant recently fell down and suffered injuries. On coming to know of this, the judge visited the elephant along with some activists and observed wounds on its body. The court was thus satisfied that the caretakers have failed miserably to measure up to the confidence reposed on them by the court. They thus forfeited their right to retain custody of the elephant.

The court has directed the Animal Husbandry Department to assign Dr. Kalaivanan, Regional Joint Director Madurai to cater to the medical needs of the elephant and to take steps accordingly. Since the elephant was already above 60 years of age, the court thought it fit to declare her as “retired” and to transfer her to the appropriate Government Elephant Rehabilitation Camp for lifelong care and custody.

Citation: 2023 LiveLaw (Mad) 69