Delhi HC halts transfer of elephant from Assam over ‘lack of clarity’

Guwahati, Oct 26: Acting on a writ petition, the Delhi High Court has stayed the proposed transfer of an elephant from Assam to Sainik Farms in South Delhi.

A bench of Chief Justice Manmohan and Justice Tushar Rao Gedeala observed that there was no clarity on the need and purpose of moving Ranjita, the elephant, from its present location.

In a notice to Maa Baglamukhi Mandir Trust, to whom the elephant was sought to be transferred, the bench said, “Since the court has been informed that elephant Ranjita has not started her travel to Delhi, we direct that she should not be moved from her place of residence. The Union of India shall ensure that the direction is intimated to the relevant authorities and the same is complied with.”

The court further directed to implead the Maa Baglamukhi Temple Trust and listed the matter for hearing on November 28.

On the day when the court issued the order, the Chief Wildlife warden of Delhi was directed to visit the temple area to assess the living conditions, number of staff and animals.

The order was given in response to the writ petition filed by M/s Federation of Indian Animal Protection Organisations (FIAPO) challenging the provision to Section 43 of the Wildlife (Protection) Act, 1972 which allowed transfer of captive elephants for "religious or any other purpose".

During the pendency of the case, the petitioner came to know that a 40-year-old female elephant, Ranjita was proposed to be transferred from Jorhat, Assam to Sainik Farms in South Delhi. The petitioner filed an application and sought a stay on the transfer.

The petitioner was represented by Abir Phukan, Shibani Ghosh and Rishika Radhakrishnan, advocates.

The petition was filed after the Assam authorities and the Chief Wildlife warden of Delhi granted approval to move Ranjita to the national capital.

Meanwhile, the petitioners welcomed the court order to put stay on the transfer of the elephant saying, “The idea of bringing a living, breathing elephant from her lush green habitat of Assam to Delhi, to live in a concrete prison, under harsh artificial lights and air-conditioning, is unthinkable. The facility approved by the Delhi forest department to keep the elephant is more like a warehouse where a person would keep a car, not a living being.”