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IN THE HIGH COURT OF MADRAS
M. Sathyanarayanan, N. Seshasayee, JJ.
S. Muralidharan – Appellant
Versus
Principal Chief Conservator of Forests & Chief Wildlife Warden, Department of Forests - Respondent
Writ Petition No. 6030 of 2019; Writ Miscellaneous Petition No. 6858 of 2019
Decided On : 19-09-2019
Wildlife [Protection] Act, 1972 - Section 64 - Management and Maintenance Rules,2011 - Wildlife Rescue and Rehabilitation Centre - petitioner claim - Petition is filed as Public Interest Litigation - Petitioner claims that he is an avid animal lover and dedicated himself for cause of animals and he carries out lot of activities for protection and conservation of wild as well as domestic animals - Petitioner would further state that he is also running registered organization called in care and through which he carries on some animal welfare activities details of which extracted below have been given in Paragraph affidavit filed in support of this writ petition – Held, Respondent has also made request for renewal of ownership documents in respect three female captive elephants and same is pending consideration - Admittedly three female captive elephants were handed over to Elephant Care Facility of respondent only as temporary measure vide proceedings of respondent and period also came to an end during January itself - Respondents and are unable to point out any infraction of Wildlife Protection and Captive Elephants Rules on part of respondent and in considered opinion Court Statutory Committee which is having Statutory backing in light Rule of Captive Elephants Rules had caused many inspections and having noted that deficiencies continue to exist made positive recommendation for shifting of three female captive elephants to MR Pala yam Elephant Rescue and Rehabilitation Centre at Tricky maintained by Forest Department of Government Tamil Nadu and it cannot be faulted - Elephants are gentle giants and they should be treated with love affection and compassion and it appears that on account of prolonged captivity elephants have developed some health complications - Three female captive elephants right from their tender age are together and therefore all three elephants shall be kept together in Elephant Care Facility at MR Pala yam Elephant Rescue and Rehabilitation Centre at Tricky and authority shall ensure that they should be given best health care facilities and as far as possible make them feel that they are in natural surroundings and environment - Light of above facts and circumstances positive recommendation as to translocation of three female captive elephants from temporary custody respondent to Elephant Care Facility at MR Pala yam Elephant Rescue and Rehabilitation Centre at Tricky cannot be faulted – Petition disposed
JUDGMENT :
M.Sathyanarayanan, J.
This writ petition is filed as a Public Interest Litigation. The petitioner claims that he is an avid animal lover and dedicated himself for the cause of animals and he carries out lot of activities for protection and conservation of wild as well as domestic animals. The petitioner would further state that he is also running a registered organization called "INCARE" and through which, he carries on some animal welfare activities, the details of which, extracted below, have been given in Paragraph No.1 of the affidavit filed in support of this writ petition:
i). Establishing the rights of the owners of domestic pets.
(ii). Rescuing injured animals, treating them in clinics and returning them back to their location.
(iii). Rescuing and up keeping of old and handicapped dogs.
(iv). Rescuing and rehabilitating abandoned pets.
(v). Donating blood for needy dogs across Chennai.
(vi). Curing skin infections and maggot wounds on stray and pet animals.
(vii). Rescuing cattle from illegal cattle trafficking to Kerala.
(viii). Fighting cases in court against cattle traffickers.
(ix). Educating and enlightening about misconception on Elephant domestication to general public.
(x). Supporting Elephants being used in Temple rituals.
(xi). Creating awareness and alerting authorities on man, animal conflict and suggesting remedies to authorities.
(xii). Exposing Veganism & International conspiracy against Indian animals to public.
(xiii). Running Veterinary campus for poor owners of animals.
(xiv). Conducting training on animal laws to law enforcers in TN districts.
(xv). Enabling birth control surgeries to stray dogs to reduce menace.
2. The petitioner would further aver that the fourth respondent, namely, Sri Kanchi Kamakoti Peetham, Kancheepuram had possessed 3 female elephants viz., (1) Sandhya, (2) Jayanthi and (3) Indumathi and the said elephants were maintained by them for conducting of rites and rituals. The fifth respondent, namely Tree Foundation India, Chennai-600 115, along with the sixth respondent namely, Wildlife Rescue and Rehabilitation Centre, Bannerghatta, Bangalore-560 076, claiming themselves to be Animal Welfare Organizations, had approached the fourth respondent and coerced them to part with the said three elephants on the pretext of cruelty and rehabilitation therefor. According to the petitioner, the objective of the respondents 5 and 6 is not to eradicate cruelty to animals, but to target Indian culture, customs and destroy elephants.
3. It is also the stand of the petitioner that the respondents 5 and 6 do not have any expertise in up-keep/maintenance of elephants and with their limited knowledge and ill intentions, they cannot add any value to the life of elephants and also spread lies, the details of which, extracted below, have been enumerated in Paragraph No.6 of the affidavit filed in support of this writ petition:
| Domestic Elephants have foot rot. | Even wild Elephants have foot rots. At least the domestic Elephants are cared for unlike Wild which suffer forever. |
| Many Elephants are blind. | Untrue. If the Elephant is completely blind, it cannot work. Partial blindness could be due to an infection, which can be cured. |
| Many of the Tusks are chopped off which is a violation under Wildlife Protection Act, 1972. | Female Elephants have Tushes and not Tusks which doesn't grow much. This shows the ignorance of Animal Rights. |
| Owners are using chains on Elephants. | Chains to Elephants are akin to Leash and Collar to Dogs worn for their safety and our safety. |
| Chains are heavy and Elephants are chained in the nights. | Weight of the Chain are akin to Leash and Collar weight of Dogs. Its important to chain Elephants in the night so that they don't go wandering. |
| Elephants are made to stand in the same place for long hours. | |
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