Amicus curiae suggest restricting elephant parades to religious festivals

Sub: Env

Sec: Env legislation

Context:

An amicus curiae report by T.C. Suresh Menon, presented to the Kerala High Court, suggests restrictions on the use of captive elephants in processions to protect their welfare.
This report is part of a suo motu proceeding initiated by a Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice P. Gopinath to address the plight of captive elephants in the state.

Key Recommendations:

Limit Parading to Religious Festivals:
- Parading should be restricted to festivals and rituals at registered temples, churches, and mosques.
- Elephants should not be used in private functions, inaugurations, or newly introduced or revived rituals.
- Applications for parading must be submitted to the district committee under the Captive Elephant Management Rules.
Spacing and Safety Requirements:
- Elephant Spacing: A minimum of three meters should be maintained between each elephant and on all four sides in processions.
- Public Safety: A minimum distance of 10 meters should be maintained between the elephants and the public.
Health Restrictions:
- Fitness for Parades: Elephants that are sick, weak, injured, disabled, or in musth (a period of heightened aggression) should not participate in parades.
Transportation Guidelines:
- Distance Limits:
  - Vehicle transportation should not exceed 100 km per day.
  - Walking distance should be limited to 30 km per day.
- Rest Requirements: Elephants should be given a minimum of 24 hours to rest after each event.
- Travel Conditions: Long-distance transportation and the use of trucks, which add stress, should be avoided.
- Health Check for Travel: A government veterinary doctor must examine the elephants and issue a fitness certificate within 12 hours before transportation begins.

Captive Elephant (Transfer or Transport) Rules, 2024:

It lays down the procedure to be followed for the transfer of captive elephants within a state or between two states.
The notification authorises the CWW of states and UTs to permit or reject the transfer of captive elephants.
The CWW shall permit the inter and intra-State transfers if the owner of the elephant is no longer in a position to maintain it or if the animal will have a better upkeep than in the present circumstances.
The transfer of captive elephants won’t be permissible unless the genetic profile of the animal has been entered in the electronic monitoring application of the MoEFCC (Ministry of Environment, Forest and Climate Change).
The application for the transfer of captive elephants should be made to the Deputy Conservator of Forests (DCF), having jurisdiction over the area where the elephant is registered.
The DCF will conduct an inquiry and physical verification of the facility where the elephant is presently housed, and also the facility where the elephant is proposed to be housed and obtain a certificate of a veterinary practitioner, and then forward the details to the CWW, who within seven days will accept or reject the transfer.

Captive Elephants under the Wildlife Protection Act (WPA), 1972:

Elephants are, according to the provisions of the WPA, a Schedule 1 species, and therefore, be it wild or captive, cannot be captured or traded under any circumstances.
Section 12 of the Act allows Schedule I animals to be translocated for ‘special purposes’ such as education and scientific research.
They can also be translocated for population management of wildlife without harming any wild animals and the collection of specimens for recognised zoos/museums.
Captive elephants, because of their historical role in forest management, timber transport, and presence in estates of erstwhile royal families and in temple precincts for religious purposes can be owned and therefore come under a special category. However, strict rules guide the transfer of such elephants.
Section 40(2) of the WPA prohibits the acquisition, possession, and transfer of a captive elephant without the written permission of the Chief Wildlife Warden (CWW) of the State.
The Environment Ministry in 2021 brought in an amendment that allowed the transfer of elephants for ‘religious or any other purposes’.