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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Sudipa Nath – Appellant
Versus
Union of India – Respondent
JUDGMENT
INDRAJIT MAHANTY, J. - Rule made returnable forthwith. Heard all parties.
2. The above PIL petition is filed by practicing advocate in public interest with prayers to seek a direction restraining transfer and transportation of captive bred Elephants from Northeast India and in particular from the States of Tripura and Arunachal Pradesh to an Elephant Camp of respondent No.3 and the petitioner further seeks an order directing an inquiry into past transfers and transport of Elephants from North Eastern States.
3. In support of the prayers sought, the petitioner has relied upon a news report in the Hindu to show that there are several elephants in captivity in North East States of India particularly in Tripura, Assam and Arunachal Pradesh. The petitioner also relies upon a news article in www.nenow.in which refers to letters of wildlife organization. The petitioner submits relying on the article that many groups in these States are known to capture Elephants from the wild and force them into captivity for the purpose of selling them. The petitioner submits that the State of Tripura and Arunachal Pradesh propose to transfer around 30 Elephants between them to an Elephant Camp e
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 ....
The right to use elephants for religious rituals is protected under Article 26, subject to compliance with health and welfare standards.
The welfare of the elephant Mahadevi is prioritized over the Petitioner Trust's religious rights under Article 25, emphasizing the necessity for legal protection of animals as established in prior ca....
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.
Extending the jurisdiction of a committee under the Gujarat Public Trust Act, 1950, for overseeing wildlife welfare across India serves public interest.
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