BAN ON ELEPHANTS SUGGESTED BY AMICUS CURIAE

BAN ON ELEPHANTS SUGGESTED BY AMICUS CURIAE 

BY- DEEPAKSHI BHALLA

BACKGROUND

With the state losing its forest cover at a rapid rate and big-time logging activities coming to an end, there started a bizarre trend in the use of frivolous elephant power for religious ceremonies of all communities. Craving for bigger, better and more elephants soon became a matter of prestige for the authorities of various temples. Simultaneously, there arose a trend for brandish elephants for many other events like at educational institutions and for many ceremonies organized by churches and mosques. Soon the craze among the elephant owners to rent out their elephant started. Since the mid-1990's the state started selling its tourist potential successful by enticing advertisement campaigns, tourist has been visiting Kerala to enjoy the elephant ride. Today, the colorful paraphernalia surrounding elephants in Kerela belie a cruel reality. Riding the eagerness to parade more and more elephants on the street is a selfish sense of commerce. Depending on an elephant's health and the whole range of indicators an average elephant is believed to fetch its owner a daily earning of Rs 15000 to Rs 25000. Elephants are being exploited by the human to earn without any labor or hardworking. Elephants are also being used to transport goods to other places thereby saving transportation costs.

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CURRENT ISSUE

The Amicus Curiae i.e friend of the court-appointed by the Kerela High Court has asked for Ban on commercial leasing and hearing of Elephants that are prevalent in Kerela. The recommendation was made by Advocate VM Shyam Kumar, the Amicus Curiae appointed, in a writ petition filed by MN Jayachandran wanting a Ban on the use of weak and injured caged Elephants in festivals and public events. There is a huge business rather racket going on between the elephant owners and the people based on the huge demand of elephants. 

Elephants are being exploited on a large scale. The report by amicus curiae mentions exploitation against elephants in this trade. According to the report, middlemen are the main players in fixing the deal between the elephant owner and the festival committees. They fix an amount which is known as Ekkam for the elephants for a particular rental period with the owner of the elephant. Without taking into account the health of the elephant and the rules and regulations prescribed by law the middlemen transfer elephants to required places. The elephants are forced to stand for long hours and they are continuously transported from one place to another without any proper rest and care. The report also mentions that as section 43 of the wildlife protection act prohibits all sorts of transfer of caged elephants.

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CONCLUSION

The report suggests that matter relating to that of the retirement of elephants, the presence of sufficient staff for looking after the elephants, pruning of tusk, effective management of musth, other cruelties that are faced by elephants should be given utmost importance and effective measures to overcome problems must be implemented