Source: The Hindu

Introduction

Recently, the Centre has notified a set of rules called the Captive Elephant (Transfer or Transport) Rules, 2024 that liberalizes the conditions under which elephants may be transferred within or between States.

What is the Captive Elephant (Transfer or Transport) Rules, 2024?

• Circumstances for Transfer of Captive Elephants:
  • Transfer may occur when:
    • The owner is no longer capable of adequately maintaining the elephant's welfare.
    • If it's determined that the elephant will receive better care in the new circumstances compared to its current situation.
    • The Chief Wildlife Warden may deem it necessary for the elephant's better upkeep based on the specific circumstances of the case.
• Procedure Within the State:
  • Before a transfer within a state, the elephant's health must be confirmed by a veterinarian.
  • The suitability of both the current and prospective habitats must be verified by the Deputy Conservator of Forests.
  • Approval or rejection of the transfer is at the discretion of the Chief Wildlife Warden based on these assessments.
• Procedure Outside the State:
  • Similar conditions apply for transferring elephants outside a state.
  • Additionally, the elephant's genetic profile must be registered with the Ministry of Environment, Forest, and Climate Change (MoEF&CC) before the transfer.
• Requirements for Elephant Transfer:
  • The elephant must be accompanied by a mahout and an elephant assistant.
  • A health certificate from a veterinary practitioner confirming fitness for transport is mandatory.
  • Transport should occur after the quarantine period, if required for contagious diseases, is completed.
  • Proper feeding and watering arrangements must be made during transport.
  • Tranquillisers/sedatives shall be used to control nervous or temperamental elephants upon prescription by the veterinary practitioner.

What are the Rules around the Transfer and Transport of Elephants?

• Elephants are, according to the provisions of the Wildlife Protection Act, 1972, (WPA) a Schedule 1 species and therefore, be it wild or captive, cannot be traded or captured under any circumstances.
• Section 12 of WPA allows Schedule 1 animals to be translocated for special purposes such as education and scientific research.
• They can also be translocated for population management of wildlife without harming any wild animal and collection of specimens for recognized zoos and museums.
• Section 40(2) of the WPA prohibits the acquisition, possession and transfer of a captive elephant without the written permission of the Chief Wildlife Warden of the State.
• Until 2021, however these laws explicitly said that such transactions ought not to be of a commercial nature.
• The Environment Ministry in 2021 brought in an amendment that allowed the transfer of elephants for religious or any other purposes.

What is the Wildlife Protection Act, 1972?

• This Act is essentially a prohibitive law.
• This Act provides a legal framework for the protection of various species of wild animals and plants, management of their habitats, regulation and control of trade in wild animals, plants and products made from them.
• The Act also lists schedules of plants and animals that are afforded various degrees of protection and monitoring by the government.

What are the Constitutional Provisions for Wildlife Conservation?

• By the 42^nd Amendment Act, 1976, forests and protection of wild animals and birds were transferred from State List to Concurrent List.
• Article 48A of the COI mandates that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Article 51A(g) of the Constitution of India, 1950 (COI) states that it shall be the fundamental duty of every citizen to protect and improve the natural environment including forests and Wildlife.

Way Forward

• Strict enforcement of the law is necessary for the conservation of wildlife.
• Businesses and corporations involved in real estate must adhere to the law rigorously to balance out their financial and muscle strength.
• Only having regulations and technological understanding are not sufficient, local communities must also realize the value of their engagement.