Chennai: The Madras High Court has held that utilising the elephants for blessing and receiving money in return is nothing but begging. Justice D Krishnakumar gave the ruling while disposing of a petition from N.Sekar, owner of an elephant, whose transit permit licence was suspended after his elephant was used by the mahout for begging without his knowledge.
“It is brought to the notice of this court that, today, the elephants are largely used for performing entertainment, without engaging them in active work.” “The elephants are also utilised to bless and receive money in return, which is nothing but begging. Sub Rule (11) Rule 6 of the Tamil Nadu Captive Elephants (Management and Maintenance) Rules stated that elephants should not be used for begging. This condition is also incorporated in the certificate of ownership. Therefore, today begging of an elephant would amount to exploitation of the animals and they are thereby subjected to uncharacteristic behaviour”, said Justice D Krishnakumar.
The judge said captive elephants are mostly owned by temples, mutts and individuals who use them for festivals, and other religious functions. Often they were shifted from one place to another for a specified purpose. As seen in the present case, the concerned elephant was used for a temple festival and the Mahout used the elephant for street begging and made it walk on the concrete road. The above act was a regression from the natural behaviour of the elephants and shall result in constant suffering, pain and stress.
Therefore, in order to ensure the best possible atmosphere and health condition of captive elephants, the Tamil Nadu Captive Elephants (Management and Maintenance) Rules was framed and the provisions have to be followed strictly, the judge added and directed the District Forest Officers to ensure that the Rules were strictly implemented in its letter and spirit so as to ensure the welfare of the captive elephants.
The judge said it was also brought to the notice of this court that only a meagre amount of money was being paid to the Mahout and Cavady. Therefore, the concerned authority was directed to take steps to ensure that the Mahout and Cavady were paid adequate monthly salary by the owner. After the petitioner gave an undertaking that he was ready and willing to comply with any conditions that may be imposed by the authorities, the judge granted liberty to him to approach the authorities, who shall consider and pass appropriate orders for grant of the transit permit within 4 weeks thereafter.
