ELEPHANT (TRANSFER OR TRANSPORT) RULES, 2024
1. Context
The Centre has notified a set of rules called the Captive Elephant (Transfer or Transport) Rules, 2024 that liberalises the conditions under which elephants may be transferred within or between States.
2. What are the rules around the transfer and transport of elephants?
- Under the Wildlife Protection Act, elephants are classified as Schedule 1 species, prohibiting their capture or trade in any circumstance, whether they are wild or captive.
- However, Section 12 of the Act permits the translocation of Schedule I animals for specific reasons like education, scientific research, wildlife population management, and procurement of specimens for accredited zoos or museums.
- Captive elephants, due to their historical roles in forest management, timber transportation, presence in former royal estates, and religious functions in temples, are afforded special status and can be owned.
- Nevertheless, stringent regulations govern the transfer of such elephants, as outlined in Section 40(2) of the Wildlife Protection Act, 1972, which mandates obtaining written permission from the Chief Wildlife Warden of the State for acquisition, possession, or transfer.
- Until 2021, these laws explicitly prohibited commercial transactions involving captive elephants. However, an amendment introduced by the Environment Ministry in 2021 allowed the transfer of elephants for religious or other purposes, raising concerns among activists and researchers about the potential for increased trafficking and illegal commercial dealings.
- Despite opposition from a standing committee, led by former Environment Minister Jairam Ramesh, this amendment was enacted into law
3. What do the updated rules say?
- These regulations introduce new provisions allowing for the transfer or change of ownership of captive elephants under certain relaxed conditions.
- These conditions include scenarios such as when the current owner is unable to adequately care for the elephant or when the Chief Wildlife Warden of a state deems it necessary to transfer the elephant for its better maintenance.
- Prior to any transfer within a state, the elephant's health must be verified by a veterinarian, and the suitability of both its current and potential habitats must be assessed by the Deputy Conservator of Forests. The Chief Wildlife Warden may then decide to approve or reject the transfer based on these documents.
- Similarly, if the transfer involves moving the elephant across state borders, similar criteria apply. Before such a transfer can occur, the elephant's genetic profile must be registered with the Ministry of Environment, Forest and Climate Change.
- Previously, regulations stipulated that transferring an elephant from one state to another, such as from Assam to Gujarat, required permissions from the Chief Wildlife Wardens of all the states the elephant would pass through during transportation by road.
- However, the updated rules now only necessitate permissions from the originating and recipient state
4.Way Forward
The Wildlife Protection Act primarily serves as a restrictive legislation aimed at curtailing the illegal trade of wild animals. However, according to researchers operating independently, the enforcement of this law has become less stringent, particularly concerning elephants. The recent establishment of India's largest private zoo in Jamnagar, Gujarat, affiliated with the Reliance Foundation, has sparked discussions surrounding these issues. While the facility is purportedly a rescue center focused on rehabilitating traumatized and injured elephants, along with other wildlife, it has drawn controversy for housing a reported 200 elephants, including those considered healthy
Source: The Hindu
