The Supreme Court of India has directed the Union government to establish specialized elephant clinics to conduct regular health check-ups for captive elephants. The directive requires coordination with state governments to ensure compliance. Detailed medical records for each captive elephant must be maintained as part of these new guidelines. This decision was rendered by a Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, in response to a 2014 Public Interest Litigation (PIL) that addressed the various issues surrounding elephants in captivity, including trafficking, treatment, and rehabilitation.
Guidelines and Directives
The Supreme Court emphasized the need for a transparent mechanism to ensure the welfare of captive elephants. “We direct the Union of India to issue mandatory guidelines and engage with concerned states to establish effective facilities for elephant health check-ups,” the Court stated. Additionally, the Captive Elephant Health Care and Welfare Committee, formed under Project Elephant by the Ministry of Environment, Forest, and Climate Change (MoEFCC), has been tasked with submitting a report on the status of measures for captive elephants’ welfare.
The Court also demanded updates on the DNA profiling of captive elephants, a measure designed to prevent illegal transfers and monitor their movement. Currently, India hosts over 2,700 captive elephants, with varying numbers housed by individuals, circuses, temples, forest departments, zoos, and rehabilitation centers. The Court’s ruling aims to prioritize the elephants’ well-being rather than ownership issues.
Concerns and Clarifications
During the proceedings, Senior Advocate Aparna Bhat, representing the petitioner, highlighted ongoing cruelty concerns towards captive elephants and urged the Court to impose stringent measures to prevent new elephants from entering captivity. On the other hand, Senior Advocate K Parameshwar, representing a temple association and an elephant owners’ association from Kerala, argued for distinguishing temple elephants from other captive elephants, citing cultural and regional sensitivities.
The Court clarified that the immediate focus is on ensuring the welfare of existing captive elephants, regardless of whether they are housed in temples or other facilities. “We are not examining whether temples can own elephants or delve into personal or religious rights at this juncture,” stated Justice Bagchi.
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Future Steps
The Court agreed that releasing captive elephants into the wild is not a viable solution for those accustomed to captivity. CJI Surya Kant raised concerns about the ownership and accountability of captive elephants and inquired about mechanisms to track their welfare. Additional Solicitor General Aishwarya Bhati, representing the Central government, promised to provide details on existing monitoring systems.
Concerns were also raised regarding the origins of captive elephants. Senior Advocate Bhat emphasized the need for transparency about how these elephants are sourced, noting that a significant percentage are of unknown origin or wild-caught. She urged the government to disclose prosecutions under the Wildlife Protection Act related to these issues. The Court reiterated the importance of balancing cultural reverence for elephants with practical welfare measures.
