New rules mean big problems for jumbos

Pus oozed from the infected wounds on the body of tusker Managalamkunnu Ayyappan during his funeral in Kerala’s Palakkad district, a day after his death on March 26. The Heritage Animal Task Force, a Kerala-based volunteer organization that advocates for animal rights, claim that the captive elephant had been receiving treatment for several months for the various injuries inflicted on it by its mahouts.

Ayyappan arrived in Kerala in 1992 after his owner MA Haridasan bought him from Bihar, something that was legal at the time. At 305 centimeters tall, it acquired a significant following over the years and became known as the emblematic elephant of the state, gracing important occasions with its majestic presence.

However, Ayyappan’s death comes at a time of concern for Kerala. The state, where captive elephants are a common sight at temple festivals and other events, has seen a significant decline in their numbers. According to VK Venkitachalam, secretary of the Heritage Animal Task Force that conducts periodic surveys of captive elephants, a significant proportion of older elephants in Kerala show signs of vulnerability and do not respond to mahout commands when participating in festivals during the hot summer months. In a 2019 circular, the Kerala Forest Department cited improper maintenance, poor management and lack of timely treatment as some of the reasons contributing to the mortality rate among captive elephants. Authorities at the Kottur Elephant Rehabilitation Center in Thiruvananthapuram say 16 elephants injured due to poor treatment in captivity over the past decade have been taken from their private owners and sent to the center for permanent rehabilitation.

According to the data of the Kerala Forest Department, there were 900 elephants in captivity in 2008 and the number is 407 today. Pramod G. Krishnan, Chief Conservator of Forests (Administration), informs Mongabay-India that the state is witnessing an average annual decline of 25 captive elephants. This is a social and cultural concern as many such elephants have significant cultural importance in the state and are embedded in various aspects of the state’s traditions, festivals and religious practices.

In addition, many existing elephants are aging, further exacerbating the problem.

Lack of captive elephants and lame festivals

This is a major concern for the state, especially when it comes to events like Thrissur Pooram, a traditional temple festival where caparisoned elephants with glittering parasols are the main attraction. It is feared that the dwindling number of elephants available for such processions would risk diminishing the grandeur and cultural essence of these revered traditions in the years to come.

The Kerala Elephant Owners Federation, comprising people who own and rent elephants for festivals and other occasions in the state, approached Union Environment and Forest Minister Bhupendra Yadav on January 18, 2024, with a request for the regulations regarding the ownership and to relax interstate interests. transfer of elephants.

According to media reports on March 16, 2024, the Ministry of Environment, Forests and Climate Change has notified the Captive Elephants (Transfer or Transport) Rules, 2024, with an aim to facilitate the transfer and movement of captive elephants. The amended rules state that the Chief Wildlife Warden (CWW) can transfer elephants between states if the existing owner cannot adequately care for the animal or if the animal can be better maintained under the changed circumstances. In addition, the CWW can order the elephant to be moved to ensure better maintenance.

New rules are causing concern for animal lovers

While the new set of rules has significantly benefited elephant owners, animal rights activists are concerned that the new provisions could be misused to facilitate the easy sale and transfer of elephants, despite the legal ban on this under the Wildlife Protection Act (1972).

By law, elephants are classified as a Schedule 1 species and thus receive the highest protection in the country. Capturing or trading of elephants is not allowed irrespective of whether they are in the wild or in captivity, informs elephant expert and former director of Kerala Forest Research Institute, PS Easa.

Article 12 of the law states that relocation can only be permitted for special reasons, such as education and scientific research. Easa emphasizes that the transport of captive elephants, albeit under strict regulations, is permitted due to their historical significance in forest management, timber transport, their status as assets of former royal families and their traditional role in temple areas for religious ceremonies.

Jose Louies, chief enforcement officer of the Wildlife Trust of India, calls for greater clarity in the new regulations, especially on the controversial issue of buying and transporting elephants across state borders. He expresses concern that the ambiguous language and lack of precision in the rules governing the transfer of elephants could potentially allow unauthorized sales or transfers of ownership of these animals. Louies points to a clause in the revised rules which states that transfer applications must now be submitted to the Deputy Forest Warden rather than the Chief Wildlife Warden (CWW) as previously required. He believes that this change has further undermined the effectiveness of existing protection laws.

A coalition of animal protection organizations comprising People for Ethical Treatment of Animals (PETA) India, the Center for Research on Animal Rights (CRAR), the Heritage Animal Task Force, the Kaziranga Wildlife Society and the Federation of Indian Animal Protection Organizations (FIAPO) , has expressed strong opposition to the new rules at the national level, pointing out the inherent weaknesses in the regulations that pose a significant risk to captive elephants.

According to Bharati Ramachandran, the spokesperson of the coalition, any exception to the movement of elephants from one state to another can only be allowed if there is a comprehensive and publicly accessible national database of captive elephants, which will include ownership certificates, genetic mapping , owner information and geographic information are recorded.

Reforms to the rules proposed

The coalition proposes several reforms to the current provisions, including the adoption of a comprehensive nationwide set of rules, the involvement of various government agencies such as the Economic Offenses Wing and the Crime Branch in inter-state transfers of elephants to ensure non-commercial transactions. and the conduct of annual post-transfer welfare assessments to avoid any compromise on elephant welfare. Ramachandran calls on the Ministry of Environment, Forests and Climate Change (MoEFCC) to halt all transfer applications (except those for rehabilitation purposes) under the flawed new rules until these crucial reforms are implemented.

Sreedevi S. Kartha, an animal rights activist based in Thiruvananthapuram, says experts have already pointed out that the new regulations contradict the suggestion made by MoEFCC’s Elephant Task Force fourteen years ago. “As part of its 2010 research, the Elephant Task Force proposed closing loopholes to gradually reduce the number of individuals owning elephants,” she says.

There are fears that the new rules could be abused, especially for exchanging elephants under the guise of transfer, as expressed by wildlife specialist Debadityo Sinha. on social media platform (formerly Twitter). He questioned the government’s intentions to further enforce this relaxation, noting that these activities directly contradicted the purpose of the Wildlife Protection Act and the ideas of the MoEFCC’s Elephant Task Force.

As summer arrives, the festival season in Kerala reaches its peak, with the resultant demand for elephants to parade. Every healthy captive elephant in the state faces the prospect of participating in at least 50 ceremonies this season. Ever since Irinjadapilly Raman, a robotic elephant, made its debut at a temple festival in Kerala, animal activists and elephant lovers have been hopeful of a permanent solution to the plight of the gentle giants in chains.

Banner image: Elephants line up at the legendary Thrissur Pooram temple festival in Kerala. It is feared that the dwindling numbers and health of elephants in the state will erode the grandeur and cultural essence of such revered traditions in the future. Photo by KK Najeeb.