Context

• In India, elephants hold a revered status as sacred symbols of wisdom and strength, deeply embedded in cultural and religious traditions.
• However, their lives in captivity starkly contrast with these ideals. Privately held captive elephants are subjected to systematic exploitation and cruelty, particularly when used for religious ceremonies, tourism, or entertainment.
• Despite legislative efforts like the Wildlife (Protection) Act of 1972 and the Captive Elephant (Transfer or Transport) Rules of 2024, loopholes and inadequate enforcement continue to perpetuate their suffering.

An Overview of Captive Elephants and Systemic Cruelty

• Elephants, known for their social and intelligent nature, are often subjected to isolation, harsh training, and abusive conditions to make them compliant.
• The Kerala High Court’s comparison of their lives to an eternal Treblinka underscores the severity of their suffering.
• These majestic animals are coerced into performing unnatural behaviours, driven by practices that break their spirits.
• While the Wildlife (Protection) Act grants elephants the highest level of legal protection, its implementation has been undermined by practices like capturing wild elephants for private ownership.
• The economic valuation of elephants as commodities, rather than sentient beings, has led to their objectification and abuse, turning them into tools for income generation.

Flaws in the 2024 Captive Elephant Rules

• Ambiguity in Ownership Transfers
  • One of the most glaring issues lies in the provision allowing the transfer of ownership when an owner is unable to maintain an elephant.
  • The rules fail to specify that such transfers must be non-commercial. This omission effectively allows elephants to be bought and sold as property.
  • The absence of safeguards creates a grey area where owners can exploit these provisions to profit from the sale of elephants under the guise of financial inability to care for them.
  • This commercial aspect undermines the very essence of wildlife protection laws, which are meant to ensure that elephants, as protected species, are not subjected to market forces.
  • Instead of fostering a culture of conservation and ethical care, this loophole normalises the commodification of elephants, treating them as assets to be traded.
• Lack of Justification for Transportation
  • The rules also permit the temporary transportation of elephants across or within state borders without requiring owners to provide explicit justification.
  • This lack of transparency and accountability opens the door for the misuse of elephants for purposes that compromise their welfare.
  • For instance, states with a high number of privately owned elephants may lease them out for activities ranging from religious ceremonies to political rallies.
  • Such practices not only subject elephants to stressful and unnatural environments but also reinforce the perception of elephants as tools for human entertainment and profit.
  • Moreover, frequent transportation can lead to physical and psychological stress, as elephants are forced to adapt to unfamiliar surroundings and conditions.
• Institutionalising Exploitation Through Regularisation
  • The regularisation of transfers and transportation of elephants for religious, tourism, or commercial ventures further entrenches their economic valuation.
  • By failing to explicitly prohibit these activities, the rules indirectly incentivize the use of elephants as revenue-generating tools.
  • This institutionalised exploitation encourages private owners to prioritise profits over the well-being of the animals, thereby perpetuating a cycle of abuse.
• Insufficient Monitoring and Accountability
  • While the rules stipulate procedures for transportation and transfer, they lack robust mechanisms to ensure compliance.
  • For example, there are no mandatory reporting requirements for the purpose or conditions of transportation.
  • Additionally, the rules do not mandate independent audits or inspections to verify the welfare of elephants during and after transportation.
  • This lack of oversight leaves room for exploitation, as private owners can easily evade scrutiny.
  • Furthermore, the absence of penalties for violations undermines the effectiveness of the rules, allowing unethical practices to continue unchecked.

Loopholes That Undermine Conservation: Cross-State Trade and Legislative Gaps

• Instances of elephants being "gifted" or sold across states highlight how the 2024 rules facilitate, rather than curb, such transactions.
• A notable example involves elephants being transported from northeastern states to southern and western regions under the guise of religious or ceremonial needs.
• In response to public outcry, the Ministry of Environment, Forests and Climate Change (MoEFCC) issued a memorandum in August 2024 emphasising stricter adherence to the Captive Elephant Rules and the digitization of genetic profiles of captive elephants.
• While this is a step in the right direction, it falls short of addressing the deeper issues in the legislation.
• The rules’ permissiveness regarding ownership transfers and transportation risks creating demand for new captive elephants.
• This, in turn, fuels the illegal capture of wild elephants, directly contradicting conservation goals.
• Despite the Wildlife (Protection) Act, 1972, prohibiting the capture of wild elephants, the 2024 rules inadvertently enable this practice by providing a legal pathway for laundered elephants to enter private ownership.

Recommendations for Addressing the Flaws

• Prohibition of Commercial Transfers: Explicitly banning the sale, trade, or leasing of elephants as part of ownership transfers to ensure that elephants are not treated as commodities.
• Mandatory Justification for Transportation: Requiring detailed documentation and prior approval for any transportation of elephants, including a clear explanation of the necessity and proof of welfare considerations.
• Stricter Oversight Mechanisms: Introducing regular inspections by independent authorities and mandatory reporting of transportation details to ensure compliance with welfare standards.
• Harsh Penalties for Non-Compliance: Establishing stringent penalties for violations, such as illegal transfers or failure to adhere to welfare guidelines, to deter unethical practices.
• Public Awareness and Alternatives: Promoting awareness about the ethical implications of using live elephants for religious and cultural activities, while encouraging the adoption of alternatives like robotic or lifelike models.

Conclusion

• The paradox of elephants being simultaneously venerated as sacred and exploited as commodities reflects a troubling dissonance in societal values.
• Without stringent measures to protect their welfare and eliminate avenues for commercial exploitation, this contradiction will persist.
• Humane practices, robust legislative reforms, and public awareness are essential to ensuring the meaningful protection of these majestic creatures.
• Only by aligning cultural reverence with ethical responsibility can India truly honour its sacred symbol of wisdom and strength.