‘Ill-treatment’ concern: Gauhati High Court refuses to halt transfer of 5 elephants to TN

On September 17, the Gauhati High Court refused to halt the transfer of five private-owned elephants to temples in Tamil Nadu. The court ruled there was no reason to pass any restraint order unless it was proven that all necessary clearances had not been obtained for the transfer. The bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury heard an application challenging the provisions of the Wildlife (Protection) Act, 1972, related to the ownership, control, custody, and possession of captive elephants.

The Additional Advocate General for Assam stated that all clearances for the elephant transfers were granted and that special care would be taken for their safe transportation for religious purposes. The court expressed concerns over the elephants' possible ill-treatment, recalling a past incident involving an elephant named "Joymala," which had allegedly overstayed in Tamil Nadu.

Despite this, the court found no law prohibiting the transfer of elephants as long as the required legal clearances were obtained. The court kept the application pending and directed the Assam government's Additional Advocate General to respond by the next date. The state has also filed its response with a high-powered committee on the matter, with the writ petition and application scheduled to be listed together on October 15.