Madras High Court calls for policy to prohibit future ownership of Elephants by private individuals and temples.
In a three-pronged strategy to prevent cruelty to elephants, Madras High Court has ordered first to ensure that no temple or private person in the state acquires any elephants anymore, and asked the officials to inspect all temple as well as privately-owned elephants.
More importantly, the court asked the government to decide on shifting all these elephants to government-run rehabilitation camps.
Justice G R Swaminathan directed:-
"The time has now come to take a call if all such elephants now in captivity (both temples and privately-owned) should be shifted to government rehabilitation camps. The secretary to the environment and forest department may coordinate with the secretary to the HR and CE department in this regard."
Observing that in many temples, the elephants are housed in an absolutely unacceptable conditions, the judge said concrete flooring, tin roofing, lack of freedom and poor supply of food made their lives hell. They are chained 24 hours a day. The drunk mahouts inflict terrible pain and cruelty on them. Separated from their natural family and unable to bear the torture, the poor animals do sometimes turn aggressive and violent, said Justice Swaminathan.
The court passed the order while hearing a petition pertaining to the injuries sustained by a private female captive elephant named Lalitha from Virudhunagar district who had fallen down on a few occasions.
During the hearing, an expert, Prakash of Elsa Foundation, informed the court that there were suitable places in Tirupattur and Salem districts for establishing rehabilitation camps. He said the Trichy MR Palayam camp was not all that suitable for elephants. Recording this input, Justice Swaminathan said:
"I am certain that a meeting between the secretary of the environment and forest department and Prakash would yield a lasting solution."
Recently, Justice Swaminathan visited the elephant along with some animal rights activists at Virudhunagar. Since temple elephant Lalitha was under the custody and care of the government, it is the statutory and constitutional duty of the state to take all possible measures to cater to her physical and medical needs, he said. The judge then directed the authorities to depute a veterinarian to attend to her on a daily basis till she regains her normal health.
Citing the loud music blaring through amplifiers, the judge observed:-
"I am certain that it should be posing a serious disturbance to the elephant. To Lalitha, it can only be an unbearable noise beyond acceptable decibel levels. She may not be able to appreciate devotional content."
Hence, the judge directed the concerned jurisdictional police to ensure that the ambience is kept free of noise pollution.
