Rules that still manacle the captive elephant

Context: In India, where elephants are revered as sacred symbols of wisdom and
strength, privately held captive elephants live a stark contradiction.
Reflecting on this grim reality, the Kerala High Court recently likened the
lives of these captive animals to an “eternal Treblinka”. Elephants used for
religious purposes, entertainment and tourism are subjected to much cruelty and
forced to behave in unnatural ways. These social animals are subjected to
isolation and abusive training methods to break their spirit. Although
elephants have the highest protection under the Wildlife (Protection) Act,
1972, they have been at the forefront of practices that seek to capture them
from the wild for a life in captivity.

Key points

·       Overview: The Union
Environment Ministry has notified a set of rules called the Captive Elephant
(Transfer or Transport) Rules, 2024. Elephants, classified as Schedule I
species under the Wildlife Protection Act, of 1972 enjoy special protection,
but certain provisions allow for their translocation under specific
circumstances.

·       Existing
Regulations on Elephant Transfer: Legal Framework -
The Wildlife Protection Act, of 1972 prohibits the capture or trade of
elephants, whether wild or captive, without appropriate authorization.

Special
Provisions - While strict regulations govern elephant transfer, exceptions exist for
educational, scientific, or religious purposes, subject to approval from
wildlife authorities.

Amendment - The Wildlife
(Protection) Amendment Bill, 2022 expanded the scope of elephant transfers,
raising concerns among activists about potential exploitation and illegal
trafficking.

Captive Elephant Transfer Rules, 2024

·       Circumstances
for the Transfer of Captive Elephants: Incapability of the
owner - When the owner is incapable of adequately ensuring the elephant’s
welfare.

Superior Care - If it is
determined that the elephant will receive superior care in the new environment
compared to its current situation.

Improvised
maintenance - The Chief Wildlife Warden may find it necessary to transfer the
elephant for its improved maintenance based on the specific circumstances of
the case.

·       Transfer
Within the State: Veterinarian Check - Prior to any transfer
within the state, a veterinarian must confirm the elephant’s health status.

New habitat
verification - The suitability of both the current and prospective habitats must be
assessed by the Deputy Conservator of Forests.

·       Transfer
Outside the State: Genetic Profile Registration - Additionally,
the elephant’s genetic profile must be registered with the Ministry of
Environment, Forest and Climate Change (MoEF&CC) before the transfer.

·       Requirements
for Elephant Transfer: Accompanying the Master - The elephant must
be accompanied by a mahout and an elephant assistant. Adequate provisions for
feeding and watering must be arranged during transport.

Fitness
Certificate - A health certificate issued by a veterinary practitioner confirming
fitness for transport is obligatory.