‘Ill-treatment’ concern: Gauhati High Court refuses to halt transfer of 5 elephants to TN

Concerns of ‘ill treatment’

The applicant told the court that five elephants belonging to private persons were shortly to be transported to temples in Tamil Nadu. The plea raised concerns over their possible ill-treatment, citing a past instance involving an elephant named “Joymala”, which had allegedly overstayed in Tamil Nadu.

Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury said the health of captive elephants and their protection from ‘unscrupulous use’ were important considerations.

The court, however, noted that there was no law prohibiting the transfer of elephants as long as the required legal clearances had been obtained. It also pointed out that Assam had itself approached the high court seeking the safe return of Joymala to the state. “There is no law circumscribing the transfer of elephants provided there are clearances from the respective bodies under the statute,” it said.

The court noted that it found no reason, at first glance, to pass any restraint order, unless it is shown that necessary clearances have not been obtained. “Keeping in mind the importance of maintaining the health of the elephants, who are captives with private persons from being put to unscrupulous/unauthorized use, we keep this application pending with a direction to the learned Additional Advocate General, Assam to respond to this application by the next date,” the order read.

The Assam government told the high court that all clearances for transferring the five elephants had been granted and assured that “all possible care” would be taken for their safe transportation for religious purposes.

The applicant has also approached a high-powered committee on the issue, where the matter is pending. The state has filed its response before the committee, the court was informed.

The court directed that the writ petition and the application be listed together on October 15.