Nakeri Vasudevan Namboodiri and Ors .vs . Union of India ( UOI ) and Ors . MANU/KE/0861/2007

According to Captive Elephant (Management and Maintenance) Rules, 2003 (Kerala). Sale, transfer and other dealings involving change of hands of captive elephants should be done only with the approval and in accordance with the norms prescribed by the Chief Wildlife Warden. Purchasers should satisfy the requirement under the Captive Elephant (Management and Maintenance) Rules and Directions to be inforce till Section 43 of Wildlife Protection Act is amended. Wildlife Protection Act, 1972 (Central Act 53 of 1972).Section 43.Petitioners, owners of elephants and the association of elephant owners challenged Section 43 of Wildlife Protection Act, 1972, whereunder from 2003 onwards Prohibition was introduced against sale of captive animals, including elephants. Central Government submitted that Section 43 of Wildlife protection Act is being amended, exempting elephants from the operation of the prohibitory clause. The learned Single Judge took note of the increased number of incidents of violence by and to elephants and as an interim measure directed that elephants should be permitted to change hands only with the approval of the Chief Wildlife Warden and in accordance with the provisions of the Captive Elephant (Management and Maintenance) Rules; The court held going by the increased number of incidents of violence by and to elephants, there is an urgent need to enforce the Rules and if required to introduce more regulatory provisions to ensure that elephants are not ill-treated and no provocation is caused making captive elephants a threat to human life and property. As an interim measure, i.e. until amendment is made to Section 43 of the Wildlife Protection Act, The court felt that  there should be some regulation with regard to transfer of elephants at least within the State. It is therefore declared that hereafter the sale, transfer and other dealings involving changing of hands of captive elephants should be only with the approval and in accordance with the norms prescribed by the Chief Wildlife Warden, who will ensure that purchasers have the required facilities to maintain the captive elephants purchased by them. Transfer should be permitted only on condition of purchasers satisfying the requirement under the Captive Elephant and Management Rules and guidelines issued by the Government or the Chief Wildlife Warden.