When Rules Fail to Protect Captive Elephants/Captive Elephant (Transfer or Transport) Rules, 2024

1. In December 2024, the Kerala High Court compared the condition of privately-owned captive elephants to an "eternal Treblinka," a phrase symbolizing ongoing cruelty and suffering.
2. This comparison highlighted the conflict between India's traditional respect for elephants and the harsh realities of their captivity. Elephants hold a revered place in Indian culture as symbols of wisdom and strength.
3. However, the reality for captive elephants often contrasts starkly with their cultural significance. Many elephants in captivity endure cruelty, isolation, and exploitation.
4. In March 2024, the Ministry of Environment, Forests, and Climate Change (MoEFCC) introduced Captive Elephant (Transfer or Transport) Rules.

1. These rules aim to regulate the transfer and transportation of elephants held in captivity.

Current Status of Captive Elephants in India

1. Legal Framework: Elephants are granted the highest protection under the Wildlife (Protection) Act, 1972. However, enforcement of this act remains inadequate, leading to continued challenges in safeguarding elephants.
2. Population: As of 2019, there were 2,675 documented captive elephants in India, reflecting the significant number of these animals under human control.
3. Exploitation: Captive elephants are widely used for religious festivals, tourism, and entertainment. These elephants are often subjected to abusive training practices and forced to live in unnatural conditions that compromise their well-being.
4. Mortality: Approximately 33% of documented captive elephants in Kerala died between 2018 and 2024 due to harsh living conditions and inadequate care.

Key Features of the Captive Elephant (Transfer or Transport) Rules, 2024 Circumstances for Transfer Transfer of elephants is allowed under specific conditions, including: The current owner is unable to maintain the elephant's well-being. The new environment is deemed to provide better care and living conditions. The Chief Wildlife Warden determines that the transfer is necessary for the elephant's improved welfare based on specific circumstances. Transfer Procedures Within the State: For transfers within a state, the following steps must be followed: Health Verification: A veterinarian must confirm the elephant's health. Habitat Assessment: The Deputy Conservator of Forests must evaluate the suitability of both the current and prospective environments. Approval Process: The Chief Wildlife Warden decides to approve or reject the transfer based on these evaluations. Outside the State: Transfers to another state follow similar procedures, with additional requirements: The same requirements as intra-state transfers apply. Additionally, the elephant’s genetic profile must be registered with the MoEFCC before the transfer takes place. Requirements for Elephant Transfer Mahout and Assistant: The elephant must be accompanied by a mahout and an elephant assistant. Health Certification: A veterinary practitioner must issue a certificate confirming the elephant's fitness for transport. Quarantine Compliance: If necessary, the elephant must complete a quarantine period to rule out contagious diseases before transport. Feeding and Watering: Adequate arrangements for food and water must be made during the journey. Use of Sedatives: Tranquilizers or sedatives can be used for nervous or aggressive elephants, but only as prescribed by a veterinary practitioner.

Concerns and Loopholes

Regulatory Ambiguities

1. Commercial Exploitation: The absence of explicit restrictions on commercial transactions allows elephants to be treated as commodities, risking their exploitation for events such as religious festivals, weddings, and political rallies.
2. Weak Oversight: Shifting the responsibility for approving transfers to the Deputy Conservator of Forests, rather than the Chief Wildlife Warden, weakens protections and may facilitate unauthorized transactions.
3. Temporary Transport: There is no requirement to justify temporary transportation of privately owned elephants across or within State borders.

1. States with many privately owned elephants could lease them for activities such as religious ceremonies, weddings, or political rallies, compromising their welfare and commodifying them for profit.

4. Economic Exploitation: By regularizing transfers for commercial ventures, the rules risk incentivizing the capture of wild elephants and undermining conservation efforts.
5. Ownership Transfer: The rules allow ownership transfer if the owner cannot maintain the elephant but do not mandate that these transfers be non-commercial. This omission could lead to elephants being treated as tradeable property.

Issues with Captive Elephant Identification

1. Microchip Misuse: Since 2002, most captive elephants have been microchipped for identification. Reports suggest microchips are reused after an elephant's death to legalize wild-caught elephants.

1. However, the rules do not require the destruction of these chips in the presence of forest officials.

2. Database Deficiency: The absence of a centralized national database tracking elephant ownership and genetic details hampers effective monitoring and increases the risk of illegal activities.
3. Lack of Accountability: The absence of a mandatory post-mortem report when an elephant dies during transport creates monitoring gaps.

Welfare Concerns

1. Physical Health: Captive elephants often suffer from malnutrition and inadequate medical care, which significantly impact their health.
2. Psychological Well-being: Isolation from other elephants and exposure to abusive training practices cause severe psychological distress, often resulting in aggressive behaviour or attempts to escape.
3. Captive Breeding Cycle: Legal recognition of calves born in captivity continues the cycle of exploitation, as these calves are classified as owned property under the law.

Recommendations for Reform

1. Strengthening Regulation: There is a need to prohibit all commercial transactions in elephant transfers to prevent their exploitation.

1. Post-mortem examinations should be mandated for elephants that die during transfer to ensure accountability.
2. Humane birth control measures must be implemented to reduce the number of elephants entering captivity.

2. Promoting Alternatives: Alternatives, such as using electronic elephants in festivals and tourism, should be actively encouraged to reduce reliance on live elephants.

1. Civil society, temple committees, and NGOs should play a proactive role in raising awareness and enforcing ethical practices.

3. Enhancing Monitoring and Accountability: A centralized national database for elephant ownership and transfers should be developed to improve monitoring and prevent illegal activities.

1. Genetic profiles of all captive elephants should be digitized and regularly updated to ensure traceability.
2. Microchips implanted in elephants should be destroyed under the supervision of forest officials when the animal dies to prevent misuse.

Conclusion

The Captive Elephant (Transfer or Transport) Rules, 2024, represent a significant step toward regulating the treatment of captive elephants. However, significant gaps in the legislation continue to risk perpetuating their exploitation and suffering. To truly honour the cultural reverence for elephants and ensure their welfare, India must strengthen its regulatory framework, promote humane alternatives, and foster collaborative efforts between stakeholders.

 

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