Kerala High Court directs State to form team for survey of captive elephants

The Kerala High Court on Thursday directed the State government to form a team to conduct a comprehensive survey of captive elephants across the State [In Re Captive Elephants v Union of India & ors]..This team should verify the number of elephants, their ownership status and whether they are in the custody of any individuals/ institutions with valid documents, the Court said.A Bench of Justice AK Jayasankaran Nambiar and Justice Gopinath P said the directive was essential to ensure accountability and proper care for captive elephants.According to the Bench, the team comprising District Collectors and Divisional Forest Officers will function under the supervision of the Chief Wildlife Officer and will be tasked with identifying elephants and their respective owners."We direct the state to constitute a team of District Collectors, Divisional Forest Officers (Social Forestry) from each district, to undertake survey of the captive elephants held by private individuals/ institutions and submit a report before the Chief Wildlife Warden, containing the details of each elephant and person who has current custody of the elephant. The report should also indicate that the person holding custody has ownership certificate in his name or not," the Bench stated.It also directed the Chief Wildlife Warden to compile the data from the survey and submit a consolidated report while the State was instructed to submit the details of all the officials who are to be assigned the task..The Court was considering petitions highlighting the plight of captive elephants in the State and the need for proper regulations to ensure their welfare.Senior Counsel Ranjith Thampan appeared on behalf of the custodian of an elephant named Abhimanyu, which became a focal point in the proceedings on Thursday.The Court pointed out the discrepancies in the ownership certificates and questioned the validity of ownership certificates, especially in cases where multiple certificates existed for a single elephant showing different ages.It also inquired about the ownership process, questioning the role of custodians and whether ownership certificates issued by the State government were being properly transferred.Justice Nambiar expressed dissatisfaction at the State's lack of knowledge about the details of the elephants and stressed on the importance of conducting a thorough study to assess the situation, especially in cases where no clear owner could be identified. "You are not addressing the elephant in the room GP. The state government doesn't even see the elephant in the state. If only the rules are adhered to, nothing else is required. Every festival has to be regulated, and all data books must be kept updated. If you close your eyes, you won't notice all this...If there is no owner, how will the elephant be cared for," the Court demanded.An expert who was part of the hearing recommended the creation of a proforma to assist in identifying and documenting captive elephants. The process, he suggested, should be carried out with the help of district collectors and the Divisional Forest Officer (DFO) under the supervision of the Chief Wildlife Officer.In response to these suggestions, the Court directed the State to constitute a team that would conduct a survey of captive elephants clarifying the ownership status of these elephants and the validity of such ownership certificates.The case will be heard next on January 9, 2025.Previously, the High Court had issued a slew of directions to regulate the treatment and exhibition of elephants, particularly in festivals and parades where they are often exploited for commercial purposes.Those directions were later stayed by the Supreme Court.