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