PIL halts transport of elephants to Gujarat

Guwahati: Taking note of Public Interest Litigation (PIL) and concern of wildlife activists, the Northeast Frontier Railway (NFR) has decided to put on hold the ongoing process of transporting four captive elephants from Upper Assam’s Tinsukia district to Ahmedabad in Gujarat.

Two  activists of a non-governmental organisation, in their public interest litigation argued that dispatch of the elephants in railway wagons in the prevailing heat-wave conditions in North Indian states, would subject the animals to extreme stress, pain and cruelty and they may not survive the long journey of 3,106kms, which would take several days to traverse.

Though, Northeast Frontier Railways authorities had made all arrangement of wagon to transfer the animals, the officials said that the Railways has written to the forest department, seeking a clarification on the matter in view of the Supreme Court’s 2016 ruling against inter-state transfer of elephants.

The public interest litigation has been filed by NGO activists Urmi Mala Das and Nandini Baruah. The petitioners have contended that the decision of the state government, allowing transfer of elephants, is in violation of the relevant provisions of the Wild Life (Protection) Act, 1972 and relevant orders of the Supreme Court in this regard.

The four elephants belong to private owners. It appears that two of the said four elephants were not captive born but were caught from the wild and domesticated. Micro-chips on the two elephants were implanted in June 2015 and ownership certificates and ownership certificates for the said two elephants were issued for their transportation to Ahmedabad.

Moreover, Section 43(1) of the Wild Life Act, 1972, states no person having in his control and possession a captive animal, in respect of which he has a certificate of ownership, shall transfer such captive animal by any mode of consideration.

The wildlife activists argued if money involved in the transfer, it would be in violation of the said section 43 of the Act.

If the elephants in question are being transferred to Ahmedabad in Gujarat by way of lease, and if there is any money or other consideration involved in the transfer, it would be in violation of the said section 43 of the Act.

Suspecting a major racket behind ongoing frequent transfer of elephants from the state, the petitioners also pointed out that at least 53 elephants from Assam who were sent on lease to other states have not been returned back.

Accusing that a huge racket was flourishing behind it, the petitioners said that most of lease agreement to transfer the animal was for six months or maximum one year but even after expiry of the lease, the elephants have not returned back to the state. The PIL is likely to be listed for issuing motion on Monday.