Observing that the petitioner and several other persons who have taken a keen interest in the matter emphasised on the plight of captive elephants in temples or elsewhere, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthiilkumar Ramamoorthy said, “It appears that district level committees ought to be in place to look after the well-being of the captive elephants. Some of the allegations levelled are that these district level committees consist of persons who have no idea or knowledge of elephants or how to treat them.
“There are also allegations that the committees may not be functioning at all or the committees may even not have been set up,” the bench held while recording the petitioner’s submission that the elephants at the temples may not necessarily be temple elephants, but may also be elephants under the control of private persons managing a temple or owned by other private persons and merely kept in a temple.
Further, taking note of the petitioner’s submission that most of the elephants were without any mahouts and adequate care cannot be given to the animals due to that, the bench directed the Principal Conservator of Forests to include the several aspects raised in the present order as well as the previous order, and file a report within a fortnight.
The bench sought the status of the district level committees that are meant to keep a tab on captive elephants, and also the State government’s response on the petitioner’s complaint that cattle, particularly the ones belonging to temples, were also treated in an inhumane manner but the authorities tasked with the duty of ensuring that animals were ethically treated ignored the cruelty perpetrated on elephants, cattle and other animals.
The bench also recorded another intervenor’s submission that the matter could not be seen in isolation and must be proceeded with on the basis of the several orders of the court and the Supreme Court. “The State, on the other hand, submits that it is disadvantaged because several of the intervenors and the petitioner tend to make submission based on anecdotes without specifying the details for the State to ascertain the veracity,” the bench added while posting the plea for further hearing to August 5. The bench also issued notice to the Animal Welfare Board of India, as it was yet to respond on the issue.
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