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Assam Elephants Transfer: Finds No Reason For Restraint If Clearances Obtained
No Immediate Stay on Transfer of Captive Elephants to Tamil Nadu Temples
The on declined to halt the proposed transfer of five captive elephants from Assam to temples in Tamil Nadu, observing that there was no reason to pass a as long as all necessary had been obtained. A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury was hearing an filed by Rohit Choudhury in connection with a pending that challenges the of certain provisions of the governing captive elephants.
Background of the Dispute
The applicant, Rohit Choudhury, is the petitioner in the underlying [WP(C) No.5899/2023], which questions the validity of the proviso to Sections 40(2A) and 40(2B) of the . The petition argues that these provisions create an exceptional regime for the ownership, control, custody and possession of captive elephants, thereby being arbitrary and violative of .
During the pendency of that petition, the applicant moved the present after receiving information that five elephants belonging to private persons were shortly to be transported to temples in Tamil Nadu. The applicant expressed apprehension that these elephants might face ill-treatment based on a past incident where an elephant named Joymala, previously transferred to Tamil Nadu, had allegedly overstayed and was not returned on time.
Court’s Preliminary Observations
The Court noted that there is no law prohibiting the transfer of elephants provided the requisite clearances from the competent authorities under the statute have been obtained. Addressing the apprehension of ill-treatment, the Bench observed that the itself had filed a seeking the safe return of Joymala after its overstay, indicating that the state was already vigilant about the welfare of its elephants.
“, we find no reason, as on date, to pass any , unless it is clearly shown that necessary clearances have not been obtained,” the Court stated. The Bench emphasized that the health and welfare of captive elephants must be protected, and they should not be put to unscrupulous or unauthorized use.
Assurances from the State Government
During the hearing, , learned Additional Advocate General of Assam, submitted that all clearances for the transfer of the five elephants to Tamil Nadu had been granted. He further assured the Court that all possible care would be taken for their safe transportation to the temples for religious purposes.
The Court also noted that the applicant had approached the in this regard, and the State had filed its response affidavit before the committee. The matter is pending consideration before that body.
Key Observations from the Bench
The Division Bench made it clear that it was not passing any at this stage but kept the alive. The Bench directed the to file a detailed response affidavit addressing the concerns raised by the applicant.
In its order, the Court remarked: “We are afraid, such apprehension does not appear to be genuine for the reason that because of the overstay of that very elephant, namely, ‘Joymala’, the has filed a before this Court seeking its safe return to the .”
Pending Challenge to Statutory Provisions
The connected challenges the of the proviso to Sections 40(2A) and 40(2B) of the . These provisions lay down a special regime for captive elephants, which the petitioner argues is discriminatory and violative of the right to equality under Article 14.
Next Steps
The has directed that the and the be listed together for further consideration on . The has been asked to respond to the application in the interim. The Court’s order leaves the door open for the applicant to raise any specific violations if clearances were not properly obtained or if the elephants are at risk of harm.
