The High Court of Karnataka has refused to interfere with handing over of four elephants, which were in the custody of the Mysuru royal family, to a non-profit rescue and rehabilitation facility run by an elephant welfare trust in Gujarat for taking care of these animals.
However, the court directed the Radha Krishna Temple Elephant Welfare Trust, Jamnagar in Gujarat, to ensure proper care and facilities to these animals as well as to the new elephants that may be shifted to its rehabilitation facilities in future. The rehabilitation facilities, set up for taking caring of old-aged, diseased and rescued elephants, already has 153 elephants.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice Ashok S. Kinagi passed the order while disposing of a PIL petition filed by Muruly M.S., a city-based advocate. The petitioner had questioned the legality of handing over of elephants to the trust.
Other directions
The Bench also directed the trust not enter into any commercial transaction referred to in Section 43 of the Wildlife (Protection) Act, 1972, and not use its rehabilitation facilities for any commercial purpose.
While directing the trust not to promote breeding of these animals by use of any scientific methods, the Bench said that the trust will have to report to the local authorities, in whose jurisdiction it operates, within 48 hours in case of birth of any calves as a result of natural procreative process.
The trust also has to give an undertaking to the local authorities on taking care of such calves too, the Bench said, while directing the trust to submit annual reports to the jurisdictional authorities on its activities. The trust’s advocate has agreed and undertaken to abide by these directions.
Rescued from circus
These four elephants were among the elephants rescued from a circus company a couple of decades ago and some members of the Mysuru royal family had then volunteered to take care of these elephants.
However, a few years ago, the family wrote to the State authorities to take back the elephants stating that caretakers of these animals were unable care for them properly. Following the request, the State permitted shifting the elephants to the trust.
