Madras High Court judge visits injured 60-year-old temple elephant; urges State to shift elephants in captivity to rehab camps

The Madras High Court recently said that the Tamil Nadu government must implement the Court's 2020 order prohibiting any new acquisition or ownership of elephants by temples or private individuals..Justice GR Swaminathan also said that it was imperative that the State consulted all stakeholders and decided whether elephants that are already in the custody of temples, religious bodies or private individuals should be shifted to government rehabilitation camps."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 High Court said..Notably, on February 26 this year, Justice Swaminathan visited the elephant himself and noticed that she had several physical injuries and was in poor health. The visit prompted the Court to issue specific directions to the Tamil Nadu Animal Husbandry Department regarding the medical and dietary care to be provided to the 60-year-old elephant, Lalitha..The Court was hearing a petition filed by an animal rights activist who claimed that Lalitha, whose custody case was decided in 2020 by the Court, was in need of medical aid.In 2020, Justice Swaminathan had implemented principles of child custody laws and handed over Lalitha's custody to her previous owner, despite the fact that she had been bought by another person.However, in his latest order passed after visiting the elephant, he noted,"I am more than satisfied that the caretakers have miserably failed to measure up to the confidence reposed in them by this Court. They have forfeited the right to retain custody of Lalitha any further."He thus called upon one Dr Kalaivanan of the Animal Husbandry Department at Madurai to cater to the medical needs of Lalitha till she recovers fully. After this, she will be taken to a government rehabilitation camp for lifelong care and custody, the Court further ordered..The Court also noted that Lalitha was presently kept at the Muthumariamman Temple in Virudhunagar district, where loud devotional music was "blared through amplifiers". It said that the loud noise was obviously causing disturbance to Lalitha."I am certain that it should be posing a serious disturbance to the elephant. To Lalitha, it can only be an unbearable noise beyond acceptable decibel levels. She may not be able to appreciate devotional content," the order stated. The Court further said it was the duty of every citizen of India to protect wildlife and to have compassion for living creatures. It added that it was time for the State government to think about rehabilitating all elephants owned by temples and individuals. Justice Swaminathan thus directed the Secretary of the Environment and Forest Department to coordinate with the Secretary of the Hindu Religious and Charitable Endowment Department to consider shifting captive elephants to Government Rehabilitation Camps. .Back in 2021, the Court opined that a uniform policy should be put in place to completely prohibit future ownership of elephants by individuals or temples and to bring all elephants under the care of the Forest Department..Madras High Court calls for policy to prohibit future ownership of Elephants by private individuals, temples; seeks State response.[Read order]