Madras High Court calls for policy to prohibit future ownership of Elephants by private individuals, temples; seeks State response

The Madras High Court on Tuesday 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. .The Court today also urged the State to come out with a plan to ensure the welfare of elephants, whether privately owned or temple-owned, within 8 weeks' after which the case will be heard again. .The Court expressed concern that some elephants may not be treated so well, referring to a video that went viral a couple of days back. "Any kind of mistreatment of elephants and other animals must be dealt with promptly and as mercilessly as such persons deal with the animals," the Court added, in its order. .The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy further opined that exploitation of animals for all purposes should be stopped, except for limited government-controlled exercises, say horse-riding or camel-riding on the beach. "... but even these cannot be privately operated since the treatment of the animals cannot be checked or monitored," the Court said. .The Court was hearing public interest litigation (PIL) petitions moved by activist Rangarajan Narasimhan over the alleged inhumane treatment of certain elephants at the Srirangam Ranganathaswamy temple. Among other submissions, he raised concern over their being separated from their mahouts, arguing that there was no reason to sack the mahouts. .In this regard, it was pointed out that as per the Tamil Nadu Captive Elephants (Management and Maintenance) Rules, an elephant must be maintained by the same mahout and cavady (mahout's assistant) during its entire lifespan, except when they are under inebriated condition or suffering from a prolonged illness. He also submitted that the elephants in question did not have records required for their possession..In its order, the Court went on to opine that the case raised concerns over whether elephants owned by private individuals and temples were being exploited for joy rides or used as "beasts of burden" to transport heavy material. .The hearing today saw Chief Justice Banerjee ask the State if there were rules against private ownership of elephants or gifting them to temples. The State responded that there are rules in place on these matters. .The Court proceeded to orally observe that elephants should ideally be under the care of the forest department and that all temples and human agencies should be prohibited from having elephants. .The Bench added that guidelines should be issued by the forest department to ensure that elephants are not mistreated. Elephants should not be exploited anymore, Chief Justice Banerjee emphasised. .Towards this end, the Court asked the State to frame comprehensive policy and guidelines in the matter within 8 weeks. The Bench added that the State may consult experts for the purpose."Experts may be consulted, rehabilitation of the elephants which have been lured away from forests may be taken up and future measures put in place so that the animals are not exploited by humans in the State any further", the Court said in its order..Appearing party in person, the petitioner today expressed concern that asking the State to frame more guidelines would only be to redo the exercise. It was pointed out that the State already has rules concerning captive elephants. However, he argued that there is no interest on the part of the Animal Welfare Board of India (AWBI) or the forest department to act, despite bringing violations to their notice. .The Court responded that for the present, it would seek the State's response. Ultimately, the Bench said that it would try to formulate something so that the elephants are no longer treated as beasts of burden and they are allowed to go back to the forest. .Recently, the Madurai Bench of the Madras High Court expressed concern over elephant deaths in the State, in view of which it directed the Central Bureau of Investigation (CBI) to investigate the matter. .Read today's order: