The Centre has notified a set of rules called the Captive Elephant (Transfer or Transport) Rules, 2024 that liberalise the conditions under which elephants may be transferred within or between states.
The circumstances under which captive elephants can be transferred are when an owner is no longer in a position to maintain the elephant, the elephant will likely have a better upkeep than in the present circumstances; or when a state’s Chief Wildlife Warden “deems it fit and proper” in the circumstances of the case for better upkeep of the elephant.
Before a transfer within the state, an elephant’s health has to be ratified by a veterinarian and the Deputy Conservator of Forests must establish that the animal’s current habitat and prospective habitat are suitable. The Chief Wildlife Warden on receipt of such documents may choose to reject or approve the transfer.
If the transfer involves moving the elephant outside of a state, similar conditions apply. Before a transfer is effected, the “genetic profile” of the elephant has to be registered with the Ministry of Environment, Forest and Climate Change.
Elephant exemption
The elephant being transferred ought to be accompanied by a mahout and an elephant assistant; (b) a health certificate from a veterinary practitioner to the effect that the elephant is fit for transport and is not showing any sign of musth or infectious or contagious disease, is to be obtained; (c) the transport shall be carried out after the mandatory quarantine period as advised by the veterinary practitioner is over, in case of contagious disease; (d) the elephant shall be properly fed and given water before loading; (e) necessary arrangements shall be made to provide food and water to the elephant en route; (f) tranquilisers/sedatives shall be used to control nervous or temperamental elephants upon prescription by the veterinary practitioner, the notification made public on the 14th of March noted.
Until August 2022, the Wildlife Protection Act explicitly prohibited the trade in wildlife including both wild and captive elephants. However amendments to the Act brought in an exemption that for the first time allowed captive elephants to be transferred.
A Parliamentary Committee, led by Congress Rajya Sabha MP, Jairam Ramesh, had recommended the deletion of this exemption clause for elephants – providing only an exemption for elephants owned by temple trusts and argued that a “careful balance” between traditions and conservation was needed.
The final version of the amended act, however retains the clause on allowing the movement of captive elephants. However only animals with an existing certificate of ownership may be moved.
