Madras High Court Judge Personally Inspects Health Condition Of 60-Yr-Old Captive Elephant, Suggests Measures

The court was hearing a petition moved by an animal rights activist claiming that the elephant Lalitha was in need of medical aid. In 2020, Justice Swaminathan, while refusing to transfer ownership of the elephant to Forest department had directed the authorities to periodically inspect her at any time and to move the Court for variation of the arrangement if circumstances warranted. Thereafter the caretakers had been periodically sending reports and photographs of Lalitha.

However, the elephant recently fell down and suffered injuries. Justice Swaminathan thus visited Lalitha last month along with some activists and found wounds on her body. The judge was satisfied that the caretakers were not taking proper care of the elephant.

I am more than satisfied that the caretakers have miserably failed to measure up to the confidence reposed in them by this Court. They have forfeited the right to retain custody of Lalitha any further, the court noted.

Since the state had the charge of Lalitha, the court noted that it was the statutory and constitutional duty of the State to take all possible measures to cater to the physical and medical needs of Lalitha. In this regard, the court directed the Animal Husbandry Department to assign Dr. Kalaivanan, Regional Joint Director Madurai to cater to the medical needs of the elephant and to take steps accordingly.

The court further directed Dr. Kalaivanan to submit a comprehensive report regarding the dietary and medical treatment of Lalitha. Further, the elephant was to be given healthy and nutritious food and quality water. All medicines needed to resuscitate her were to be made available without delay. The district collector was to implement the same.

The court added that once Lalitha had recovered, she was to be taken to an appropriate Government Elephant Rehabilitation Camp for lifelong care and custody as she had already reached the age of retirement.

The court noted that the shed were Lalitha was kept was made of tin sheet roof which might get hot during the summer season. Thus, it suggested that every endeavour to keep the ambience as cool as possible.

Notable, the court added that since the elephant was being kept in a temple there were chances that the loud music blaring through the amplifiers will pose serious disturbance to the elephant. Thus, the court directed the police to ensure a noise pollution free environment.

To Lalitha, it can only be an unbearable noise beyond acceptable decibel levels. She may not be able to appreciate devotional content. The Inspector of Police, Virudhunagar Town Police Station (jurisdictional police) is directed to ensure that the ambience is kept free of noise pollution.

The court further directed that a sum of ten thousand rupees was to be paid to the present Mahout and his assistant by the District Legal Services Authority and their services could be continued for four more months.

Also Read: Madras High Court Directs HR&CE Department Not To Acquire Any More Elephants, Asks State To Take Call On Rehabilitation Of Captives

Citation: 2023 LiveLaw (Mad) 69