ORDER

The present IAs relate to the cruelties meted out to the elephants in the State of Kerala and how they are required to be curbed.

2. There is no cavil over the fact that the State of Kerala has a number of elephants owned by private individuals. Section 40 of the Wild Life (Protection) Act, 1972 (for brevity "the 1972 Act") deals with declarations. The said provision reads as follows :

"40. Declarations. - (1) Every person having at the commencement of this Act the control, custody or possession of any captive animal specified in Schedule I or Part II of Schedule II, or animal article, trophy or uncured trophy derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wildlife Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept.

2. No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or otherwise transfer or transport any animal specified in Schedule I or Part II of Schedule II or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wildlife Warden or the authorised officer.

2-A. No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I or Part II of Schedule II, except by way of inheritance.

2-B. Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2-A) shall, within ninety days of such inheritance make a declaration to the Chief Wildlife Warden or the authorised officer and the provisions of Sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of Section 40 :

Provided that nothing in sub-sections (2-A) and (2-B) shall apply to the live elephant.

3. Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of Section 38-I or to a public museum.

4. The State Government may, by notification, require any person to declare to the Chief Wildlife Warden or the authorised officer any animal or animal article or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I or Part II of Schedule II in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed."

3. The term "captive animal" has been defined under Section 2(5) which is to the following effect :

"2. (5) 'captive animal' means any animal, specified in Schedule I, Schedule II, Schedule III or Schedule IV, which is captured or kept or bred in captivity ;"

4. Section 12(b) of Schedule I refers to Indian elephants (Elephas maximus).

5. It is submitted by Mr Sundaram, learned Senior Counsel appearing for the Animal Welfare Board of India, that some captive elephants owned by private persons are not declared or registered.

6. At this juncture, Mr Basanth, learned Senior Counsel appearing for the State of Kerala, taking a stand in oppugnation, submitted that there has been declaration by all owners. However, the learned Senior Counsel would submit that there is no justification for registration of the elephants unless they are covered under Section 21 or 22 of the Prevention of Cruelty to Animals Act, 1960 (for short "the 1960 Act").

7. Mr. Ranjit Kumar, learned Solicitor General of India has drawn our attention to Section 42 of the 1972 Act which reads as follows :

"42. Cer