(IN) Revision plea tries to save elephant

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Pune:

The NGO, People for Animals, filed an appeal in a city court

seeking custody of elephant Lakshmi, who was returned to the mahout.

Advocate Asim Sarode, who filed the revision petition on Thursday

before the district and sessions judge against the July 10 order by

judicial magistrate first class S.J. Ansari, told TOI that the order

seeking release of the elephant was obtained by `misguiding' the court.

" This is a violation of almost all rules that are mentioned in the

Wildlife Protection Act 1972, Prevention of Cruelty to Animals Act

1960, The Wild Life Protection Rules 1995, The Elephants Preservation

Act 1879, etc, " Sarode said.

" The ownership certificate produced in the trial court by mahout

Rameshchandra Pande was obtained in 2007. He has also admitted in the

court that the two elephants have been in his custody for the past

five years, " Manoj Oswal from People for Animals said.

On June 6, officials from the forest department took into custody

Lakshmi and Poornima after the mahout was found using them for

begging. Lakshmi, who Oswal says is blind, was released and returned

to the mahout a month later after the latter furnished an ownership

certificate issued by the forest department at Lucknow and paid a bond

of Rs 2 lakh.

With Lakshmi back to begging in Hadapsar, Sarode said the court,

while passing the release order, has not considered this aspect. " We

have now requested the district and sessions judge to take Lakshmi

back into custody and hand it over to an appropriate animal rights

organisation, " Oswal said. Painful TRUNK CALL

The case of the `begging elephants' has got wildlife and animal

activists up in arms. They relate the suffering of the pachyderms even

as the owner flashes an `all's well' certificate

For mahout Ramchandra Pande, it is the people's devotion to Lord

Ganesha for which they shower Lakshmi and Poornima (his elephants)with cash or

eatables. " I've never forced them to beg, " he says.

Pande, who hails from Bhadohi district in Uttar Pradesh, came to Pune

in " search of food for the elephants " .

Pande may be back on the city streets forcing Lakshmi to " beg "

after a city court last month ordered the pachyderm's release.

However, for Manoj Oswal and Dhiraj Jain, the two volunteers at People

for Animals (an NGO fighting for animal rights) the court order has

only strengthened their resolve.

" We can't let this happen, " Oswal told TOI, while preparing to

fight a long legal battle seeking custody of both the animals. " We've

started getting responses from various quarters, " he said, adding that

Bangalore-based NGO, Compassion Unlimited Plus Action (CUPA), has

decided to take full responsibility of both Lakshmi and Poornima.

Many lawyers and animal activists from across India are also

supporting the cause of the two animals, who suffer from cataract and

injuries all over their bodies.

" Just look at Lakshmi, who was released by the court and returned

to the mahout, " Oswal said, showing documentary evidence that Pande

had once again forced her to beg at Hadapsar, Ghorpadi and adjoining

areas. " Both animals not only have injuries but even vision problems, "

he said, adding that one of the two elephants only responds to smell

and touch.

The injury marks are clearly visible, but surprisingly, the report

submitted by the city zoo officials was silent about the injuries.

" The officials from the forest department seem to be least

interested in the case. They failed to oppose the mahout's demand, so

the elephant is once again begging on the roads, " he said.

" An elephant earns about Rs 400 every hour while roaming on the

city roads, " he said, adding that these animals are even used during

marriage ceremonies and birthday parties. " The mahout earns a cool Rs

15,000 for a marriage ceremony, and Rs 5,000 for a birthday party. "

Both elephants, according to Oswal, are around 55 years of age.

City forest range officer (FRO) D.Y. Bhurke told TOI that Pande

has two elephants - one is registered in Uttar Pradesh while the

second one is from Assam. " The mahout has so far only submitted

documents of the elephant registered in Uttar Pradesh, " he said.

Bhurke said that the elephant has been termed as a wild animal in

the Wildlife Protection Act, 1986. Apart from a licence, the mahout

must also possess a transit pass for travelling from one city to

another. The elephants, if they enter the city or town limits, must be

registered with the range forest office.

Pande, however, said the two elephants have been in his custody

for the past five years. " I've been taking care of both of them, and

never abused them. Neither is ill, " he said.

Advocate Asim Sarode, who is fighting the case for People for

Animals, said an elephant incurs a daily expenditure of roughly Rs

3,000 in addition to huge quantities of water. " Given the fact that

Pande has two elephants with him, he should have at least Rs 18 lakh

with him to feed them, " he said, explaining that even the Act mandates

that the chief wildlife warden, before issuing a certificate of

ownership in respect of any captive animal, should ensure that the

applicant has adequate facilities for housing, maintenance and upkeep

of the animal.

 

* Forest dept. says 4 captive elephants begging on city roads

 

* An elephant earns Rs 400 every hour while roaming on the city roads,

Rs 15,000 for a marriage ceremony and Rs 5,000 for a birthday party

 

* Average daily expenses to maintain an elephant is Rs 3,000

 

* For any captive animal, the owner or the keeper (a mahout as in the

case of an elephant) should have an ownership certificate issued from

the particular state

 

* Besides the certificate, the mahout must also have a transit pass

for travelling from one city to another, issues by the range forest office

 

 

Lakshmi's back to `begging' with mahout Pande at Hadapsar