Supreme Court panel urged to halt transfer of Assam elephants to Tamil Nadu
Worth reading — 1 past UPSC question on this theme (Prelims GS-1 2020).
2-minute summary
An Assam-based conservationist, Rohit Choudhury, has petitioned the Supreme Court-appointed High-Powered Committee (HPC) to halt the transfer of four captive elephants from Assam to Tamil Nadu temples and to probe the transfer of a fifth elephant, Durga, already sent to the Madurai Meenakshi Amman Temple. The petition raises critical concerns regarding the legality, purpose, and welfare of these young elephants, questioning whether they were bred in captivity or illegally captured from the wild. Under current regulations, Chief Wildlife Wardens can only issue transit permits upon the recommendation of this HPC, which was initially constituted by the Tripura High Court and later expanded in scope by the Supreme Court. The controversy highlights a systemic issue in Assam, where over 300 of the 752 privately owned elephants lack formal ownership certificates. Activists allege that these interstate transfers often mask illegal commercial sales, bypassing the stringent protections of the Wildlife (Protection) Act, 1972.
Why it's in the news
A conservationist has petitioned the Supreme Court-appointed High-Powered Committee to halt the interstate transfer of captive elephants from Assam to Tamil Nadu. The petition alleges that these transfers are commercial sales disguised as donations, violating wildlife protection laws.
Facts to remember
- Conservationist Rohit Choudhury petitioned the Supreme Court-appointed High-Powered Committee to halt the transfer of captive elephants from Assam to Tamil Nadu.
- The petition asks to halt the transfer of four captive elephants and probe the transfer of a fifth elephant named Durga sent to the Madurai Meenakshi Amman Temple.
- Chief Wildlife Wardens can only issue transit permits for captive elephants upon the recommendation of the High-Powered Committee.
- The High-Powered Committee was initially constituted by the Tripura High Court and later expanded in scope by the Supreme Court.
- Over 300 of the 752 privately owned elephants in Assam lack formal ownership certificates.
Background and context
The Asian Elephant (Elephas maximus) is India's National Heritage Animal, protected under Schedule I of the Wildlife (Protection) Act, 1972, and listed as 'Endangered' on the IUCN Red List. While commercial trade of elephants is strictly prohibited under Section 43 of the Act, a controversial loophole was introduced via the Wildlife (Protection) Amendment Act, 2022. This amendment permits the transfer or transport of captive elephants for religious or 'any other purpose' by a person holding a valid ownership certificate, subject to central government specifications. This has led to an increase in interstate transfers, particularly from North-Eastern states like Assam to temples in Southern states. To prevent illegal trafficking and ensure animal welfare, the judiciary stepped in. The High-Powered Committee, originally formed by the Tripura High Court and later empowered globally by the Supreme Court, serves as the mandatory screening authority for all captive elephant transfers in India.
Constitutional provisions
- Article 48A — Directive Principle of State Policy directing the State to protect and improve the environment and safeguard forests and wildlife.
- Article 51A(g) — Fundamental Duty of every citizen to protect and improve the natural environment and to have compassion for living creatures.
Committees and reports
- High-Powered Committee (HPC) on Captive Elephants — Constituted initially by the Tripura High Court and expanded by the Supreme Court to examine and approve the legality, welfare, and permissibility of captive elephant transfers across India.
Government schemes
- Project Elephant — A centrally sponsored scheme launched in 1992 to protect elephants, their habitats, and migratory corridors, and to address issues of captive elephant welfare.
International organisations
- CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) — Lists the Asian Elephant under Appendix I, strictly prohibiting international commercial trade of the species.
- IUCN (International Union for Conservation of Nature) — Classifies the Asian Elephant as 'Endangered' on its Red List of Threatened Species.
Previous UPSC questions on this theme
- Prelims GS-1 2020 — With reference to Indian elephants, consider the following statements : 1. The leader of an elephant group is a female. 2. The maximum gestation period can be 22 months only. 3. An elephant can normally go on calving till the age of 40 years only. 4. Among the States in India, the highest elephant population is in Kerala. Which of the statements given above is/are correct ? (a) 1 and 2 only (b) 2 and 4 only (c) 3 only (d) 1, 3 and 4 only
Mains practice: Analyze the ecological, legal, and ethical challenges associated with the interstate transfer of captive elephants in India. Suggest measures to balance animal welfare with cultural traditions.
The interstate transfer of captive elephants, particularly from North-Eastern states like Assam to temples in Southern India, has sparked intense legal and ethical debates. While elephants hold deep cultural and religious significance, their captivity and commercial trade raise serious conservation and welfare concerns.
**Legal and Ecological Implications**
• **Regulatory Loopholes:** Although the Wildlife (Protection) Act (WPA), 1972, prohibits the commercial trade of Schedule I animals, the Wildlife (Protection) Amendment Act, 2022, permits the transfer of captive elephants for 'religious or other purposes.' Activists argue this acts as a loophole for disguised commercial sales.
• **Lack of Documentation:** In states like Assam, a significant portion of privately owned captive elephants lack valid ownership certificates, raising doubts about whether they were bred in captivity or illegally captured from the wild.
• **Ecological and Physiological Stress:** Transporting elephants across vast distances and placing them in concrete temple environments causes immense physical and psychological trauma, violating their natural behavioral needs.
**Ethical Dimensions**
• **Instrumental vs. Intrinsic Value:** Treating elephants as commercial commodities or ritual instruments conflicts with their intrinsic right to live in natural habitats.
• **Judicial Intervention:** The Supreme Court-appointed High-Powered Committee (HPC) plays a vital role in checking executive overreach by mandating that Chief Wildlife Wardens can only issue transit permits upon its recommendation.
**Way Forward**
• **Strict Verification:** Implement DNA profiling and microchipping of all captive elephants to prevent wild-caught calves from entering the captive pool.
• **Phasing out Captivity:** Encourage temples to transition to humane alternatives, such as robotic elephants, while rehabilitating existing captive elephants in specialized rescue centers.
• **Strengthening the HPC:** Ensure the High-Powered Committee has adequate resources to conduct rigorous on-ground welfare audits before approving any transfer.
**Conclusion**
Balancing conservation with culture requires a progressive shift from captivity to compassion. Strengthening regulatory oversight and promoting welfare-centric alternatives are essential to secure the dignity of India's heritage animal.
Prelims practice questions
Q1. With reference to the legal status of elephants in India, consider the following statements: 1. The Asian Elephant is listed under Schedule I of the Wildlife (Protection) Act, 1972. 2. The Wildlife (Protection) Amendment Act, 2022, completely bans the interstate transfer of captive elephants under all circumstances. 3. The Chief Wildlife Warden of a state can only grant travel permits for captive elephants on the recommendation of the Supreme Court-appointed High-Powered Committee. Which of the statements given above is/are correct?
- 1 only
- 1 and 3 only
- 2 and 3 only
- 1, 2 and 3
Answer: B. Statement 1 is correct: The Asian Elephant is a Schedule I species. Statement 2 is incorrect: The 2022 Amendment Act allows the transfer of captive elephants for religious or other purposes. Statement 3 is correct: Following judicial interventions, the Chief Wildlife Warden can only grant travel permits based on the recommendations of the Supreme Court-appointed High-Powered Committee.
Q2. The High-Powered Committee (HPC) frequently in the news for regulating and overseeing the interstate transfer of captive elephants was originally constituted under the directions of which judicial body?
- The Gauhati High Court
- The Supreme Court of India
- The National Green Tribunal
- The High Court of Tripura
Answer: D. As noted in the news report, the High Court of Tripura originally empowered the High-Powered Committee to examine the legality and permissibility of elephant transfers across the country. The Supreme Court later expanded its scope.
Q3. Consider the following statements regarding the conservation status of the Asian Elephant: 1. It is classified as 'Critically Endangered' on the IUCN Red List. 2. It is listed in Appendix I of CITES. 3. India is home to more than 50% of the global population of wild Asian Elephants. Which of the statements given above are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: B. Statement 1 is incorrect: The Asian Elephant is classified as 'Endangered' on the IUCN Red List, not 'Critically Endangered'. Statement 2 is correct: It is listed in Appendix I of CITES. Statement 3 is correct: India hosts over 60% of the global wild Asian elephant population.
Revision flashcards
- What is the IUCN conservation status of the Asian Elephant? Endangered. It is also listed under Schedule I of India's Wildlife (Protection) Act, 1972, and Appendix I of CITES.
- How did the Wildlife (Protection) Amendment Act, 2022 alter the rules regarding captive elephant transfers? It introduced an exemption allowing the transfer or transport of captive elephants for religious or other purposes, subject to conditions prescribed by the Central Government.
- What is the role of the Supreme Court-appointed High-Powered Committee (HPC) in elephant transfers? The HPC must investigate and recommend/approve any proposed interstate transfer of captive elephants before the Chief Wildlife Warden can issue transit permits.
- Which state has the highest population of wild Asian Elephants in India? Karnataka, followed by Assam and Kerala.
- Which constitutional provisions direct the state and citizens to protect wildlife in India? Article 48A (Directive Principles of State Policy for the State) and Article 51A(g) (Fundamental Duty of citizens to have compassion for living creatures).