Rules that still manacle the captive elephant

The Kerala High Court recently compared the plight of privately-held captive elephants to an “eternal Treblinka,” highlighting the stark contradiction between the reverence for elephants in India and the cruelty they face in captivity. The Ministry of Environment, Forests, and Climate Change (MoEFCC) introduced new Captive Elephant (Transfer or Transport) Rules in March 2024, aiming to regulate the transfer and transportation of captive elephants. However, these rules have raised concerns about potential misuse and exploitation of elephants.

Exploitation and Misuse of Captive Elephants

• Cruelty in Captivity: Elephants in captivity, particularly those used for religious ceremonies, entertainment, or tourism, often undergo abusive training and isolation. These social animals suffer physical and psychological distress, living unnatural lives.
• Commercial Exploitation: The new rules allow for the transfer and transport of elephants, but without clear non-commercial restrictions, they could be exploited as movable property. Elephants can be leased out for religious events, weddings, or even political rallies, raising concerns over their welfare.
• Regulatory Gaps: The current regulations fail to ensure that transfers of elephants across state borders are adequately justified. The lack of safeguards against commercialisation risks incentivising the capture of wild elephants and further undermining elephant conservation efforts.

Issues with the New Rules

• Microchip Misuse: Since 2002, captive elephants have been microchipped as part of Project Elephant. However, reports suggest that microchips are retrieved from deceased elephants and reused for newly captured wild elephants, legalising illicit captures.
• Lack of Post-Mortem Requirement: The rules do not mandate post-mortem reports when elephants die during transfer or transportation. This gap in monitoring weakens accountability and allows for the continuation of illegal activities within the captive elephant trade.
• Captive Breeding Cycle: The rules classify elephants born in captivity as owned property, perpetuating the cycle of commercial exploitation. There is a pressing need for humane, non-invasive birth control measures to halt the continual entry of elephants into captivity.

Legislative Shortcomings and Recommendations

• Need for Humane Alternatives: Shifting from using live elephants in temples, processions, and tourism to alternatives like electronic elephants is crucial to protect wild elephants. This transition requires the active involvement of civil society, temple committees, and the government.
• Unregulated Trade Across States: Elephants are being transported illegally across states, often under the guise of gifts or transfers. This trade undermines efforts to protect endangered species, and the new rules may facilitate such activities due to their ambiguity.
• MoEFCC’s Efforts: The MoEFCC has issued a memorandum to address illegal transfers and called for the digitisation of genetic profiles of captive elephants. However, the existing rules remain insufficient in ensuring the meaningful protection of these animals.

Practice Question:

Q. Critically examine the Captive Elephant (Transfer or Transport) Rules, 2024, in the context of elephant welfare and conservation. Discuss the potential loopholes in the regulations and suggest measures to ensure the ethical treatment of captive elephants.