Calcutta High Court Directs Bengal Govt To Prevent Illegal Transportation Of Elephants Outside State Borders
The Calcutta High Court has directed the West Bengal government to ensure that elephants are not taken out of the state in an illegal manner.
Justices Ravi Kishan Kapur and Arindam Mukherjee were taking up a matter concerning three elephants who had been taken out of the state illegally and had been taken across the border to Bihar.
In directing the authorities to repatriate the elephants, the bench held:
“In such circumstances, in view of inter alia the illegal transfer and transportation of the above three elephants, W.P.A 19941 of 2018 stands allowed. The three elephants belong to the State of West Bengal. The respondent no.2, being the Chief Conservator of Forests (Wildlife), who is also the Chief Wildlife Warden, is directed to take all necessary and expeditious steps by interacting with the Appropriate Authorities of the State of Bihar, State of West Bengal and any other third party in order to expeditiously bring the above three elephants back to the State of West Bengal. The State of West Bengal is also directed to take necessary and effective measures at their borders to ensure that no such illegal or unlawful transportation of elephants takes place to outside the State of West Bengal. It would further be open to the respondent no 2 to realise all costs for transportation, carrying out the above exercise in accordance with law.”
In the plea, it had been stated that the three elephants were originally working at Natraj Circus. Thereafter, the proprietors of Natraj Circus had executed a Gift of Deed on 12 October, 2017 in favour of Satguru Daria Ashram, Dangshi, District- Gopalganj and the said three elephants were transported to the said Ashram in Bihar via Hemtabad.
During the hearing of these proceedings, the DFO, Gopalganj had arranged a team to visit the Ashram for an inspection. However, on reaching the Ashram, it was found that the elephants were missing and that the respondent no 5, in-charge of the Satnam Dariya Ashram had absconded. Later on, it transpired that the elephants had been sent for religious purposes. Despite repeated attempts the DFO, Gopalganj was unable to take custody of the elephants.
It is alleged that the three elephants are being illegally held by the Ashram and kept in poor conditions, chained with spiked shackles for most of the day with three legs tied on a cemented floor, resulting in skin diseases and untreated wounds. No health records of the elephants were also being maintained by the Ashram. The elephants were also being commercially exploited.
Respondents argued that since the elephants have always lived a domesticated captive life, any attempt to relocate the elephants to the forests would make them hostile and aggressive. The release of these elephants into the wild would also be dangerous to their existence and survival.
It was stated that the transfer of the elephants was purely by way of gift and no amount of consideration or gratification was involved in the transaction. It was further denied that the elephants have been commercially exploited. On the contrary, they are worshipped by the locals and residents of the Ashram.
Therefore, upon hearing the arguments, the court directed that the elephants be repatriated to West Bengal, and directed the State government ot ensure that elephants belonging to West Bengal are not illegally transported outside its borders.
