Welfare of Captive Elephants: Madras High Court may hold hearing at temples, elephant parks to find out how elephants are being treated

The Madras High Court on Thursday hinted that it may hold a hearing in a less formal setting and in the open at places where captive elephants are kept, in temples or elephant parks, so that the Court can directly discern how the elephants are being treated (Rangarajan Narasimhan v. The Chief Secretary and ors)..The Bench of Justices Sanjib Banerjee and Justice PD Audikesavalu was hearing a petition moved by activist Rangarajan Narasimhan over the alleged inhumane treatment of certain elephants at the Srirangam Ranganathaswamy temple.."This Bench will go to one of the elephant parks and conduct a hearing there, so we can see for ourselves. It’s just that, they are to be cared for and we have to see the conditions. Sometimes we can't even trust a committee or someone (else). Subject to COVID, we will find a Sunday. We will not intrude into every day life. We can directly asks the elephants and do a fact-finding exercise ourselves," Chief Justice Banerjee orally observed in the course of the hearing. .The suggestion was also reflected in the interim order passed on Thursday which stated that in the larger interests of the elephants, the hearing of the case can, on at least one occasion, be taken out in the open in a less formal atmosphere and in the presence of the animals, whether at a temple or elsewhere. .The Court added that in such a hearing, other interested persons can also be permitted to have a say on the issue. .The Court also reiterated its earlier view that the private ownership of captive elephants must be put an end to in the future. ."It is also time to stop any further elephant being domesticated or taken into captivity except in case of injury of like disability, and that to only by forest officials in special enclosures maintained within forest areas," the Court said..May consider in future if there should be complete ban on keeping captive elephants for temple duties or as beasts of burden: Madras High Court.The Court took note of the petitioner's concerns that elephants at the temple were being confined in concrete enclosures and without mahouts, despite the law mandating that elephants and their companion mahouts are not to be separated for life unless either elephant or mahout falls sick, dies or unless the mahout is unsound of mind. .What if a tiger kept a human as a pet?.The hearing today also led Chief Justice Banerjee to remark that even if human beings give what they perceive to be tender loving care to animals kept captive, the animal may still have other needs owing to their wild instinct. .To explain, he added,"Let's say a tiger thinks a man should be kept as a pet. If I am uprooted from my bungalow, however tender loving care the tiger may show, will I like it?".Even in the case of a pet dog, the Chief Justice pointed out that it is not enough that a person keeps the animal on a bed or in an air conditioned room to assume that the animal is taken care of. "But that’s not what the dog wants maybe. It has wild instincts. The dog's instincts may want something else," he remarked.In the passing, he also referred to how Saint Bernard dogs are being kept in small apartments in environments unsuited for the breed. .As far as captive elephants are concerned, he observed, "We don't know what the situation is, but in the name of religion, it does not mean the big elephant that is used to the wild is kept confined only in concrete for the entire duration of the day without being let out though you have resources.".The Court also suggested, orally, that temple elephants can be kept in a green place and only taken to the temple when they are required during the conduct of temple rituals. They can be kept away in a green, natural environment when they are not required for the conduct of rituals, the Chief Justice mused..Submissions made today.Appearing party in person, Narasimhan submitted that while wild elephants can be tamed, it gets used to certain people, especially its companion mahout. Among other submissions, he asserted that elephants have a high place in the Hindu religion, and that the religion only seeks to support the animal. .However, he raised concern that the elephant has now become a status symbol. He recalled that after a former Chief Minister donated elephants to a temple, it has become a fad to do so, while informing that the HR&CE Department has welcomed donations of elephants in the recent times as well..He submitted that elephants owned by private persons are stationed in temples and moved around on whims and fancies. He added that the prayer in his writ petition is fairly innocuous i.e. to allow temple elephants to roam around in a ten acre property already available, to give them free fodder as and when they require, to give access to water available in nearby rivers and to ensure that they have their companion mahout..The counsel for the Srirangam temple, however, told the Court that, as per his instructions, elephants are already going to the river every day. It was further submitted that the elephants are taken out for walks and not confined as suggested by the petitioner. He added that all of this can be placed on record before the Court. .The State counsel also assured the Court that the authorities will place before the Court as to what would be the ideal system for the elephants and the extent to which the State can act on the issue..This is not adversarial or a case of elephant vs. Temple: Court.As the hearing progressed, the Court also highlighted that the authorities need to empathise with the elephant if the issues raised are to be resolved. "These living things need to be cared for. It is not wasting time. Any directions we issue will not be a substitute for the empathy you will feel. We can issue ten directions, they may be coercive direction ... we appeal to all of you.. this is not adversarial. It is not the elephant versus the Temple ... We must develop the atmosphere where they get the care they deserve," Chief Justice Banerjee orally observed. .Appearing for a party that had sought to intervene, Senior Advocate MS Krishnan pointed out that there are many who genuinely care for the elephants with them and who see the animal almost like their child. As such, he submitted that no generalisation can be made on the issue. .The Chief Justice agreed, but added that the petitioner has brought an important issue to the Court's notice, all the same. "Sure that there are many who love (the elephants), there are exceptions. Sometimes even if you love, if you are not educated on what is necessary, your love may have a completely different effect", he added..The Court also urged the authorities to take up the issue in right earnest, citing the example of how a PIL to ensure cooked meals reach children during the pandemic was addressed by the State promptly due to the earnest role played by Advocate General R Shunmugasundaram ."Last week they made an appeal (to the State). The report they (State) put yesterday was wonderful. it was evident that the Advocate General's enthusiasm was passed on to the other officials," Chief Justice Banerjee said. .Directions issued today.The Court proceeded to adjourn the matter by three to four weeks after directing the Principal Chief Conservator of Forests to file a further report. The report should also indicate the mahouts available with respect to elephants in various temples, the Court added..The Principal Chief Conservator of Forests was asked to take initiatives to ensure the welfare of captive elephants in Tamil Nadu, whether by conducting awareness programmes or reviving the regular functioning of District Committees meant for such purpose. If necessary, the doors of the judicial academies in Chennai, Coimbatore and Madurai may be opened for holding awareness programmes, the Court said. .To further the monitoring of captive elephant welfare, the Court issued the following direction:"It is necessary for the officials in the forest department to obtain expert advice as to how the daily routines of captive elephants should be and coordinate with the HR & CE department or those responsible for running the temples where these elephants may be to ensure a more ethical treatment of the large animals, even if it is accepted that elephants who have for long been in captivity cannot be released into the wild.".[Read Order]