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In a plea filed by activist Rangarajan Narasimhan over the alleged inhumane treatment of elephants kept in temples across the State of Tamil Nadu, Madras High Court on Friday observed that It would be best if the District Level Committees for the welfare of elephants were set up immediately in all districts and the State Level Committee was also constituted with appropriate personnel.

The Bench comprising of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu further added that at least, the exercise should be commenced, so that the relevant committees may be in place a few months down the line.

Court also took note of the report filed by the Principal Chief Conservator of Forests. However, the State submitted before the court that it was only a preliminary report and further details are awaited.

On the last date of hearing, the Court had issued a host of directions to the Principal Chief Conservator of Forests, Chennai as well as the Hindu Religious and Charitable Endowments Department (Department) to ensure the welfare of elephants kept in captivity in temples and elephant parks.

The Court had noted that although there is not sufficient data to conclude that elephants are being treated cruelly, however, it said that there exists a concern that the captive 'elephants are not always given the exposure to the natural habitat that they ought to have’.

Accordingly, the Principal Chief Conservator was asked to submit a status report indicating the availability of mahouts, particularly in respect of the two elephants in Srirangam; one elephant in Srivilliputtur; and, two elephants in Thirukkurungudi.

Courtroom Exchange

Extending his prayer, the petitioner activist prayed before the court that a male elephant should also be allocated to Sri Ranganathar Swamy Temple.

He averred that ‘only female temples are there in the temple campus, also they all are in captivity’. He contended that because of this they are deprived of the ability to reproduce in nature.

He argued that this isolated female captivity is against the fundamental rights of the animal which no one wants to talk about. He added that the same request had been made by several mahouts for several years, however, it has been rejected by the Government and authorities.

The petitioner also added that the temple elephants are also kept deprived of mahouts, which is in defiance of the law of the land as has been interpreted by the courts.  

One of the petitioners also submitted before the bench that the establishment of the psychological, physiological, biological, and sociological need of a rehabilitation sanctuary in the State of Tamil Nadu is needed.

He argued that the same can never be fulfilled in captivity. He cited the example of such sanctuaries in Haryana and Banglore where privately owned elephants are begin rehabilitated.

Hearing the argument, the Court observed that it is not passing any order to that effect for now as the Bench will have to consider the submission of the Welfare Committee for the elephants after all.

One of the representatives of the Elsa Foundation (an animal welfare foundation) stated before the court that being the expert on the matter, he wants to submit his expert advice and analysis in the matter.

To this, observing that technology should be utilized up to the maximum, the court directed the Elsa Foundation to prepare a power-point presentation and present it before the court on the next date of hearing.

The matter has been listed to be next heard on September 3, 2021.

(Case Title: Rangarajan Narasimhan v. Chief Secretary and 15 Ors.)

picture credits: BBC