HC terms condition of captive elephants in Kerala 'pathetic', restrains transfer from other states

Kochi: Terming the condition of captive elephants in Kerala 'pathetic', the High Court has restrained the state and the Chief Wildlife warden from issuing any order permitting the transfer of any elephant from outside the state to Kerala until further orders. The division bench comprising A K Jayasankaran Nambiar and P Gopinath issued the order while considering a petition filed by Walking Eye Foundation for nimal Advocacy praying that the High Court may issue an interim direction restraining the transfer of elephants to Kerala under the Captive Elephants ( transfer and transport) rules 2024.

The Division Bench highlighted the alarming number of elephants dying in captivity due to insufficient care in the state. The court expressed concern over the welfare of these elephants, noting that from 2018 to 2024, a total of 154 captive elephants had died in Kerala.
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The court referenced Rule 7 of the Captive Elephant (Transfer or Transport) Rules, 2024, which mandates that the Chief Wildlife Warden may only permit the transfer of an elephant if it is determined that the animal will receive better care than in its current situation. The judges stated that the conditions for the elephants in captivity were "far from satisfactory and can even be termed pathetic."

Given the severity of the situation, the court has temporarily restrained the State of Kerala and its Chief Wildlife Warden from issuing any further orders permitting the transfer of elephants from outside Kerala until further notice.

The plea was filed by Senior Advocate Dhanya P Ashokan, along with advocates MR Venugopal, S Muhammad Alikhan, and Anjana S Raj, raising concerns over the well-being of elephants transferred into the state.
(With Live Law inputs.)