The Madurai Bench of the Madras High Court has ordered the Secretary of the Hindu Religious and Charitable Endowments (HR&CE) Department to direct all temples in Tamil Nadu not to acquire elephants any more.
It also directed the Secretary of the Environment, Climate Change and Forests Department to inspect elephants at all temples, as well as the privately owned ones.
Justice G.R. Swaminathan observed that the court direction that no elephants be acquired any more by private individuals or religious institutions must be scrupulously and strictly enforced.
“Time has now come to take a call if all such elephants in captivity [privately owned and those at temples] should be shifted to Government Rehabilitation Camps. The Secretary of the Environment, Climate Change and Forests Department may coordinate with the Secretary of the HR&CE Department in this regard,” the judge observed.
He pointed out that at many temples, elephants were housed in absolutely unacceptable conditions. The concrete flooring, the tin roofing, the lack of freedom and poor supply of food make their lives hell.
The drunk mahouts inflict terrible pain and cruelty on them. Separated from their natural family and unable to bear the torture, the poor animals sometimes turn aggressive and violent.
In May 2018, Masini, the Samayapuram temple’s elephant, trampled a mahout to death. Instead of trying to understand her behaviour, Forest Department officials had her beaten up mercilessly.
Even after seven months of treatment, Masini could not walk. Thereafter, she was shifted to the Mudhumalai elephant camp following intervention by the Principal Seat of the Madras High Court, the judge observed.
The court was hearing a petition pertaining to female elephant Lalitha, which had sustained injuries. The judge, along with experts and animal rights activists, inspected the elephant.
The judge observed that Article 48-A of the Constitution mandates that the State shall endeavour to protect the wildlife of the country. The Wild Life (Protection) Act, 1972, was enacted with the express object of protecting wild animals, birds and plants and for matters connected therewith.
Article 51-A (g) states that it shall be the duty of every citizen to protect the wildlife and to have compassion for living creatures. Section 3 of the Prevention of Cruelty to Animals Act, 1960, states that it shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such an animal and to prevent the infliction of pain or suffering upon such an animal.
Since, at present, the State is in charge of Lalitha, it is the State’s duty to cater to her needs. Taking note of the fact that the elephant was certified as above 60 years, the judge observed that Lalitha had reached the retirement age and shall, henceforth, be given only food and care. She shall not be made to work any further, the judge said.
The court was informed by experts that there were suitable places in Tirupattur and Salem districts for establishing rehabilitation camps and a detailed report was prepared in this regard. It was submitted that the Tiruchi MR Palayam Camp was not suitable.
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March 01, 2023 at 01:37AM
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Time to take a call if all elephants in captivity should be shifted to government rehabilitation camps: Madras HC - The Hindu
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