In a significant move concerning the welfare of elephants at the Bandhavgarh Tiger Reserve, the Jabalpur bench of the Madhya Pradesh High Court has issued directives to the respondent authorities to submit a comprehensive status report on the rehabilitation efforts of these majestic animals. This directive aligns with the provisions outlined in the Wildlife Protection Act.
The division bench, comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain, emphasized the necessity for the respondents to adhere to the court's previous order dated October 14, 2024. The bench stated, “They are also directed to file a status report pursuant to the order dated 14.10.2024. The expert committee shall also examine the captivity of the elephants in Kanha for the possibility of releasing the elephants.” This underscores the court's commitment to ensuring that the authorities take decisive action regarding the rehabilitation of elephants, not only in Bandhavgarh but also in other reserves like Kanha.
The respondents in this matter include the Union of India, represented by the Secretary of the Ministry of Environment, Forest, and Climate Change; the State of Madhya Pradesh, through the Additional Chief Secretary of the Department of Forest; the Principal Chief Conservator of Forest (Wildlife); the Additional Chief Conservator of Forest (Wildlife); and the Animal Welfare Board of India. This broad inclusion of respondents highlights the multifaceted approach required to address the complex issue of elephant rehabilitation.
Reflecting on the court's earlier order from October 14, 2024, the high court had mandated the respondents to make a final decision in accordance with Section 11(1)(a) of the Wildlife Protection Act, 1972. The court specifically instructed them to file a status report before the next hearing date, detailing the number of live elephants in their captivity and the legal orders under which they are held. This directive was aimed at ensuring transparency and accountability in the management of captive elephants.
For context, Section 11 of the Wildlife Protection Act pertains to the circumstances under which the hunting of wild animals may be permitted. Section 11(1)(a) allows the Chief Wildlife Warden to authorize the hunting of a wild animal specified in Schedule I if it has become dangerous to human life or is so disabled or diseased that it is beyond recovery. However, the second proviso to this section stipulates that no captured animal shall be kept in captivity unless the Chief Wildlife Warden is convinced that the animal cannot be rehabilitated in the wild, with the reasons for this decision recorded in writing. This provision underscores the law's preference for the rehabilitation of wild animals over captivity, ensuring that captivity is only used as a last resort.
During the proceedings, the respondents informed the court that an expert committee had been constituted on July 26, 2024, and had submitted its report to the Chief Wildlife Warden on September 19, 2024. Based on this report, the competent authority under Section 11(1)(a) of the Wildlife Protection Act was expected to make a final decision on the rehabilitation of the elephants maintained in the Bandhavgarh Tiger Reserve in a short period. The respondents also indicated that if the committee adopted the rehabilitation plan, an additional 2-3 months would be required to procure a satellite collar for the elephant. This collar is intended to monitor the animal's movement, behavior, and interactions with wildlife herds, providing scientific data to support this pioneering effort in the state.
The compliance report further revealed that there are currently 10 elephants in captivity, and the respondents have decided to release one of them. This decision marks a positive step towards reducing the number of elephants in captivity and promoting their reintegration into the wild.
On the other hand, the petitioner contended that the respondents were subjecting the elephants to inhumane treatment by keeping them in captivity. It was argued that two out of the 10 elephants had died, and this fact was allegedly concealed from the court by the respondents. The counsel for the respondents disputed this submission, leading to a contentious debate over the welfare and management of the captive elephants.
The Advocate General submitted a memorandum along with an affidavit, pointing out that of the two elephants captured by the state authorities, one is currently undergoing the process of rehabilitation, while the other, being injured, is receiving treatment. The affidavit assured that after treatment, the injured elephant would also be rehabilitated. This indicates the state's commitment to the rehabilitation process, albeit amidst challenges.
The court also noted that, on its suggestion, an expert had connected through video conferencing from Thrissur, Kerala, a region known for its sizable elephant population in the wild. The court observed that instead of seeking assistance from experts in other states, the authorities in Madhya Pradesh had formed a committee, which, according to the petitioner, was not appropriate. This brings to light the importance of involving seasoned experts in the rehabilitation process to ensure the best outcomes for the elephants.
In conclusion, the Madhya Pradesh High Court's directives underscore the judiciary's proactive role in ensuring the welfare of elephants in the state's tiger reserves. By mandating the authorities to finalize their decisions on rehabilitation and submit detailed status reports, the court aims to promote transparency, accountability, and adherence to the Wildlife Protection Act. The involvement of expert committees and the consideration of releasing elephants from captivity reflect a progressive approach towards wildlife conservation and animal welfare. As the situation evolves, it remains imperative for all stakeholders to collaborate effectively, ensuring that the majestic elephants of Bandhavgarh and other reserves are treated with the dignity and care they deserve.
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