The Supreme Court on Tuesday directed the Union government to frame guidelines in coordination with States for establishing specialised elephant clinics and make periodic health check-ups mandatory for all captive elephants.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana also directed that individual medical records be maintained for every captive elephant. The directions were issued while hearing a 2014 PIL concerning the captivity, trafficking, treatment and rehabilitation of elephants across India.
The Court directed the Captive Elephant Health Care and Welfare Committee, constituted under Project Elephant by the Ministry of Environment, Forest and Climate Change (MoEFCC), to report on measures being taken for the welfare of captive elephants. The committee was also asked to prescribe minimum standards for their housing and upkeep.
The Bench further sought a comprehensive status report on DNA profiling of captive elephants, including those privately held and housed in rehabilitation centres. The profiling is intended to facilitate tracking and prevent illegal transfer of elephants.
The Court noted that there are presently around 2,700 captive elephants in India, including 1,678 with private individuals, 47 with circuses, 96 with temples, 786 with Forest Departments, 63 with zoos and 358 in rehabilitation centres.
Clarifying the scope of the proceedings, the Bench said it was presently concerned with the welfare and treatment of existing captive elephants, rather than questions of ownership or religious rights.
Justice Bagchi observed that the Court was not examining whether temples could own elephants, though he noted that their use in religious processions must be regulated. The Bench also recognized that long-captive elephants likely lack the skills to survive if returned to the wild.
Senior Advocate Aparna Bhat, appearing for the petitioner, raised concerns over cruelty and the procurement of captive elephants, while Senior Advocate K Parameshwar, representing temple and elephant owners’ associations, urged the Court not to treat temple elephants on par with circus elephants.
The Court emphasised that religious practices and animal welfare must be harmoniously balanced. Addressing the temple associations the court highlighted that worshipping elephants requires ensuring their proper care, stressing that verbal assurances must be matched by tangible, real-world efforts.
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