GUWAHATI: The Kerala High Court has passed an interim order restraining the state government and chief wildlife warden from permitting the transfer of elephants from other states to Kerala.
The court passed the order in response to a writ petition moved by an NGO Walking Eye Foundation for Animal Advocacy to restrain the transfer of elephants into the state under the Captive Elephant (Transfer & Transport) Rules, 2024.
The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Gopinath P noted that many elephants in the state are dying in captivity due to inadequate care.
“In that view of the matter, and especially taking note of the conditions imposed in Sub Rule (2) of Rule 7 of the Captive Elephant (Transfer or Transport) Rules, 2024, we feel it appropriate to injunct, until further orders, the State of Kerala and its Chief Wildlife Warden from issuing any order permitting the transfer of any elephant from outside the State into the State of Kerala under the provisions of the Captive Elephant (Transfer or Transport) Rules, 2024 or in any other manner,” the court order stated.
The court found that a large number of elephants die from ill-treatment and lack of proper care. The court observed that a total of 154 elephants have died in captivity from 2018 to August 2024.
Rule 7 stipulates the terms and conditions for the transfer of elephants. The rule states that the Chief Wild Life Warden shall permit the transfer of elephants only on being satisfied that the elephant will have better upkeep than in the present circumstances.
The court prohibited the Kerala government and chief wildlife warden from authorizing elephant transfers from other states into Kerala.
As per this order, as long as this interim injunction remains in operation, no new elephants can be brought into Kerala using the 2024 rules.
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Notably, the Wildlife Crime Control Bureau (WCCB) has launched an investigation into the alleged illegal transfer of captive elephants from the Northeast to Kerela.
Several reports have surfaced regarding illegal, commercial trading and transfer of captive elephants from the Northeast, including Assam, Arunachal Pradesh, and Tripura, to Kerela.