The safety and well-being of the elephants and compliance with relevant legal provisions are paramount in decisions related to the transportation of elephants.

Headnote:
Animal Welfare - Wildlife Conservation - Environment and Forest Protection - Societies Registration Act, 1860 - Wildlife (Protection) Act, 1972 - Prevention of Cruelty to Animals Act, 1960 - [Societies Registration Act, 1860, Wildlife (Protection) Act, 1972, Prevention of Cruelty to Animals Act, 1960] - The court discussed the provisions of the Wildlife (Protection) Act, 1972, particularly Section 40(2) and Section 43(2), and the Prevention of Cruelty to Animals Act, 1960, focusing on Section 11(d)(3) and (f). The court emphasized the importance of considering relevant aspects such as the safety and well-being of the elephants and the guidelines for the care and management of captive elephants issued by the Ministry of Environment and Forests, Project Elephant. The court directed the competent authority to pass a fresh order taking into consideration all relevant aspects in the matter of transportation of the elephants.
Fact of the Case:

The petitioners, an organization registered under the Societies Registration Act, 1860, and animal rights activists, filed a petition to revoke the decision to transfer four elephants to Ahmedabad for the Annual Rath Yatra. The petitioners argued that the transfer would subject the elephants to extreme heat conditions and violate the Wildlife (Protection) Act, 1972 and the Prevention of Cruelty to Animals Act, 1960.
Finding of the Court:

The court found that the order granting permission for transportation did not reflect consideration of the interim order passed by the Hon'ble Supreme Court and directed the competent authority to pass a fresh order taking into consideration all relevant aspects in the matter of transportation of the elephants.
Issues: The key issues included the transfer of elephants for religious purposes, compliance with legal provisions, and the impact of extreme heat conditions on the elephants during transportation.
Ratio Decidendi: The court emphasized the importance of considering relevant aspects such as the safety and well-being of the elephants and the guidelines for the care and management of captive elephants issued by the Ministry of Environment and Forests, Project Elephant.
Final Decision: The court directed the competent authority to pass a fresh order taking into consideration all relevant aspects in the matter of transportation of the elephants.

JUDGMENT :

A.K. Goswami, J.

Heard Mr. B. D. Konwar, learned senior counsel, appearing for the petitioners. Also heard Mr. D. Mazumdar, learned Additional Advocate General, Assam, appearing for Respondents No. 1 to 5; Mr. S.C. Keyal, learned Assistant Solicitor General of India appearing for Respondent No.6 and Mr. B. Sarma, learned Standing Counsel, Railways, appearing for Respondents No.7, 8, 9 and 10.

2. The petitioner No.1 is an organization registered under the Societies Registration Act, 1860, formed with the object of ensuring Animal Welfare, Wildlife Conservation, Environment and Forest Protection, etc. The petitioner No.2 is the Secretary of the petitioner No.1 and she is an animal rights activist. The petitioner No. 3 also claims to be an animal rights activist.

3. The petition was filed on 21.06.2019 praying for a direction to the State Government to revoke its decision to transfer four elephants to Ahmedabad in the State of Gujarat. It is pleaded by the petitioners that the elephants are sought to be transported for the purpose of Annual Rath Yatra to be held on and from 04.07.2019 and the orders in that connection were passed by the Respondent No.4 - the Chief Wild Life Warden & Principal Chief Conservator of Forests (Wild Life), Assam. The copies of the orders, however, are not annexed with the petition.

4. During the course of deliberation, however, Mr. D. Mazumdar, learned Additional Advocate General, Assam has submitted that four identical orders, dated 12.06.2019, 13.06.2019 and 14.06.2019, were passed by the respondent No. 4 in respect of the four elephants in question granting permission for transportation of elephants. The names of the four elephants are - (1) Joytara (female), (2) Babulal (male), (3) Rupsing (male) and (4) Rani (female). The order dated 14.06.2019 in respect of Rani, which is produced before the court, goes to show that the elephant in question was intended to be taken to Gujarat for religious purpose and No Objection Certificate was received from the Principal Chief Conservator of Forests & Chief Wildlife Warden, Gujarat and, accordingly, permission was accorded under Section 40(2) of the Wildlife (Protection) Act, 1972 to Shri Jogi Nath Pegu for transporting the elephant to Sri Sri Jagannathji Temple, Ahmedabad, Gujarat. Terms and conditions have also been notified in the said order. It is indicated that the elephant will be kept in Gujarat for six months upto 14.12.2019 and will be brought back to Assam after that period with a valid Transit Pass to be issued by the competent authority. The terms and conditions are enumerated herein below:

"1. Particulars of the Elephant:
Name: 'Rani'	Sex: Female
Date of Birth: 24.04.2013	Date of Birth: 24.04.2013
Ownership Certificate No.000770AB16/EAC/TSK/WL/2019/1 dated 13.6.2019 issued by the Conservator of Forests, Eastern Assam Circle, Jorhat (Assam).
2. The elephant will be kept in Gujarat for 6(Six) months up to 13.12.2019 and will be brought back to Assam after that period with a valid Transit Pass issued by the competent authority.
3. The ownership of the elephant will not be transferred under any circumstance.
4. The Principal Chief Conservator of Forests & Chief Wildlife Warden, Gujarat will be intimated in writing immediately after the arrival of the elephant in Gujarat required under Sec. 43(2) of the Wildlife Protection Act, 1972.
5. The elephant shall be properly fed and given water before loading.
6. All necessary arrangements shall be made for feeding and watering the elephant in route.
7. The elephant shall not be made to walk for more than three hours at a stretch.
8. In case the transportation involves walking during night, two prominent reflectors shall be placed at the front and hind portion of

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2019 Supreme(Gau) 403

IN THE HIGH COURT OF GAUHATIManish Choudhury, J.Avinava Prayash And Others - AppellantsVs.State of Assam And Others - RespondentsPublic Interest Litigation No. 39 of 2019Decided On : 25-06-2019

The safety and well-being of the elephants and compliance with relevant legal provisions are paramount in decisions related to the transportation of elephants.

IN THE HIGH COURT OF GAUHATI
Manish Choudhury, J.
Avinava Prayash And Others - Appellants
Vs.
State of Assam And Others - Respondents
Public Interest Litigation No. 39 of 2019
Decided On : 25-06-2019