Animal rights body moves HC against transfer of captive elephant to Delhi

Referring to The Indian Express report, which was also annexed in the application, FIAPO submitted on Monday that the transfer “rings alarm bells and highlights that the current rules, through their silence and lack of clarity on what constitutes religious or any other purpose, potentially permits largescale transfer of elephants across the country by disregarding the best interest of the elephant”.

The petitioner also highlighted an The Indian Express report from October 3 on the declining elephant population. Further, FIAPO said that Sainik Farms is an area that suffers from acute water shortage. “…the declining air quality and the drastic differences with the elephant’s natural habitat would pose serious challenges to the well being of the elephant,” it added.

While allowing an application moved on Monday by FIAPO seeking early hearing, the court added the chief wildlife warden of New Delhi as a party to the case. Further, FIAPO filed a plea seeking a stay on the transfer of the elephant.

A division bench of Chief Justice Manmohan and Justice Tushar Rao Gedela directed the authorities to produce the original file pertaining to Ranjitha’s transfer.

The Union of India was also directed to obtain instructions on the current location of the elephant.

The pleas were moved in an existing petition filed by the FIAPO where it has challenged the constitutionality of Section 43 (2) of the Wildlife (Protection) Act, 1972, which permits the transfer or transport of captive elephants for “religious or any other purpose” by a person having a valid certificate of ownership, subject to terms and conditions. The petition also challenged the Captive Elephant (Transfer or Transport) Rules, 2024.