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A. K. JAYASANKARAN NAMBIAR, GOPINATH P.
IN RE CAPTIVE ELEPHANTS (SUO MOTU) PUBLIC INTEREST LITIGATION PROCEEDINGS INITIATED BY THE HIGH COURT IN THE MATTER OF EXECUTIVE AND LEGISLATIVE INACTION OF THE STATE GOVERNMENT IN THE MATTER OF PROTECTION OF ANIMAL RIGHTS – Appellant
Versus
UNION OF INDIA, REP. BY THE SECRETARY, NEW DELHI – Respondent
ORDER :
1. ‘Treblinka’ is infamous for being the second-deadliest extermination camp to be built and operated by Nazi Germany in occupied Poland during World War II. In the introduction to the book ‘Zoopolis - A Political Theory of Animal Rights’ the authors [Zoopolis - A Political Theory of Animal Rights - Sue Donaldson & Will Kymlicka (2011), Oxford University Press] refer to the work of Charles Patterson [Eternal Treblinka: Our Treatment of Animals and the Holocaust - Patterson, Charles (2002), Lantern Books, New York] in the following words:
This case and the orders that we have been called upon to issue from time to time regarding captive elephants lead us to conclude that the life of an elephant in captivity is an ‘Eternal Treblinka’.
2. This case has been listed today for considering the issue of certain directions for the effective implementation of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 (hereinafter referred to as ‘the 2012 Rules’) and the directions issued by the Supreme Court in Wildlife Rescue and Rehabilitatio
The court mandates strict implementation of the Kerala Captive Elephants Rules to prevent cruelty and ensure welfare, emphasizing the judicial role in filling regulatory gaps.
The right to use elephants for religious rituals is protected under Article 26, subject to compliance with health and welfare standards.
The court upheld the right to conduct an elephant procession, contingent on pending registration, emphasizing regulatory compliance for animal welfare.
Parading elephants does not constitute an essential religious practice under Articles 25 and 26 of the Constitution, and safety regulations regarding distance must be adhered to.
Writ petitions become infructuous if the underlying events have occurred prior to the court's determination.
The court confirmed the legal permissibility of transferring captive Elephants by private owners when transfers are non-commercial, emphasizing protective oversight for their welfare.
The central legal point established in the judgment is the prohibition of commercial transfers of elephants without permission under the Wildlife Protection Act, 1972, and the penal consequences for ....
Permissions for religious festivals involving animals are governed by statutory frameworks ensuring animal welfare.
The court ruled that provisions of the Kerala Forest Act restricting capture of wild elephants violate the fundamental rights of landowners, being expropriatory without compensation and lacking reaso....
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