SC asks Centre to ensure well-being of captive elephants

The Supreme Court on Tuesday directed the Centre to take steps for ensuring the well-being of captive elephants prescribing their mandatory medical check up and constant monitoring after being told that more than half of the over 2700 captive elephants in the country remain in possession of private individuals

The Supreme Court on Tuesday directed the Centre to take steps for ensuring the well-being of captive elephants prescribing their mandatory medical check up and constant monitoring after being told that more than half of the over 2700 captive elephants in the country remain in possession of private individuals.

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Emphasising the need for checks and balances to be put in place to ensure captive elephants are not treated with cruelty, a bench headed by Chief Justice of India (CJI) Surya Kant entrusted the Captive Elephant Healthcare and Welfare Committee (CEHWC) constituted by the Centre under Project Elephant to take up the matter with states and establish elephant clinics.

“Our present concern is not with regard to ownership of captive elephants but on their upkeep, wellbeing and healthcare,” said the bench, also comprising justices Joymalya Bagchi and V Mohana.

It directed the Centre and CEHWC to frame an effective and transparent system where captive elephants can be taken for regular medical checkup. It said that medical records of each such elephant should be maintained and the committee should lay down minimum standards to be provided for their housing and upkeep.

The court was hearing a public interest litigation (PIL) filed by Wildlife Rescue and Rehabilitation Centre which flagged the cruel treatment of elephants in captivity and sought their release into the wild claiming that these animals are not meant to be used for entertainment, joyrides or such purposes.

Additional solicitor general (ASG) Aishwarya Bhati appearing for Union government stated that as per the 2026 census, of the 2,725 captive elephants, 1,678 are with private individuals, 47 are with circus owners, 96 with various temples, 768 with the forest departments in several states, 63 in zoos and 332 in rehabilitation centres.

She pointed out that the CEHWC has brought out a DNA sampling kit by which each captive elephant can be monitored and their data uploaded on the Gaja Soochna App in order to prevent their illegal transfer or transportation.

The court observed that it should be known why private individuals have kept elephants and whether they have the wherewithal to provide for their upkeep, that is adequate and of good quality.

Senior advocate Aparna Bhat appearing for the petitioner pointed out that the ultimate object is to ensure elephants are not treated with cruelty as she pointed out instances where elephants were ill-treated and made to work for long hours causing them physical and mental trauma.

The petition was opposed by owners of elephants used for temple processions who stated that the petition seeks to target Hindu festivals, mostly in south India, where there is an ancient practice of lining elephants as part of the festivities.

Senior advocate K Parmeshwar said that the elephants used in temples cannot be compared with those at zoos as the temple elephants are radio-tagged and special care is taken for their upkeep.

The court said, “We are not considering prohibition of elephants in temple festivals but are only concerned with their health. We do not intend to intrude into personal or religious rights but we need to harmonise the practice of keeping elephants with the regime under the Prevention of Cruelty to Animals Act.”

The court noted that the number of captive elephants has only grown as in 2019 it was 2,676 with the majority being found in Assam (905) followed by Kerala (518). Besides, the court noted that captive elephants are also found in Rajasthan, Karnataka, Uttar Pradesh, West Bengal, Arunachal Pradesh, Madhya Pradesh among others where elephants are employed for various purposes.