Condition Of Captive Elephants In The State Is 'Pathetic': Kerala HC Restrains Elephant Transfers To Kerala From Outside

The bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. observed, “Thus a total of 154 elephants have died in captivity during the aforesaid period.”

Senior Advocate Dhanya P. Ashokan appeared for the petitioner.

Brief Facts-

The Ministry of Environment, Forest, and Climate Change issued the Captive Elephant (Transfer & Transport) Rules, 2024 that permitted the transfer of captive elephants between states with ownership certificates and genetic mapping. However, there were concerns about the lack of clarity in the rules and their failure to align with the Prevention of Cruelty to Animals Act and Kerala’s Captive Elephants (Management and Maintenance) Rules, 2012. It was argued that the gaps, along with the absence of provisions for periodic assessments post-transfer, could lead to neglect and inadequate welfare of elephants. Hence, the Petitioner filed the Petition seeking Court intervention to prevent further transfers without ensuring proper safeguards for elephant welfare.

The Court took note of the provisions contained in Rule 7 of the Captive Elephant (Transfer or Transport) Rules, 2024, which indicate that permission for transfer shall be permitted only in the circumstances set out in Sub Rule (2) of Rule 7.

The Court said that in “In Re Captive Elephants v. Union of India - W.P.(C).No.31520 of 2024”, and in various orders that the Kerala High Court had to issue in the matter of captive elephants indicate that "the condition of captive elephants in the State of Kerala is far from satisfactory and can be even termed 'pathetic'."

The Court therefore injuncted, until further orders, the State of Kerala and its Chief Wildlife Warden from issuing any order permitting the transfer of any elephant from outside the State into the State of Kerala under the provisions of the Captive Elephant (Transfer or Transport) Rules, 2024 or in any other manner.