(IN): The fate of a Schedule One Captive in India (An update)

[Guest guest]

Dear All,

 

Even if the AWBI has given permission to use the elephants, what is

important to note is that since these are performing elephants, there is no

difference between these and elephants in a circus and therefore CZA

permission for them is also necessary.

 

All the details of this are mentioned in the letter by Ms. Anuradha Sawhney,

Chief Functionary, PETA-India below.

 

It may be noted that following an 18-month campaign by PETA, the city of

Mumbai has announced that elephants will no longer be allowed in the city.

 

The campaign featured high-profile advertisements against elephants in

captivity starring actors *Rahul

Khanna*<http://www.petaindia.com/feat/photos/Khanna-ad.jpg>and

*Celina Jaitley* <http://www.petaindia.com/feat/photos/celina.jpg>; letters

written by *MP Shatrughan

Sinha<http://www.petaindia.com/pdf/MP_Shatrughan_Sinha_Letter.pdf>

* and *MP Maneka Gandhi*; and a

petition<http://www.petaindia.com/pdf/elephant_petition_ad.pdf>signed

by

*Dilip Kumar*, *Saira Banu*, *John Abraham*, *MP Priya Dutt*, *Sanjay Leela

Bansali*, *Isha Koppikar*, *Mahesh Bhatt*, *Yana Gupta* and *Gulshan Grover*

..

 

Check link to read more: http://www.petaindia.com/feat/f-mumbai-victory.asp

 

The Principal Chief Conservator of Forests, Mr. M. C. Malakar also

acknowledged PETA-India`s concerns and has banned captive elephants from

begging in the whole of Assam state with immediate effect. Assam becomes the

first state in India to issue such an order. Mr. Malakar issued an official

circular asking the forest department officials to take strict action

against the offenders. Following this order by the Assam PCCF, the elephants

in Guwahati city and elsewhere in the state are not seen begging anymore.

This I can confirm and elephant owners have welcomed the move as well. Yet

again Assam state which has banned circus like events involving elephants

such as elephant football, elephant races, elephant mock fight, elephant tug

of war etc has gone one up to prove that it truly CARES for the elephants.

 

The following letter is being forwarded to AAPN for the knowledge

informationof those concerned for the welfare and rights of the captive

Indian elephant with the permission of Ms. Sawhney.

 

Azam Siddiqui

 

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October 5, 2007

 

Mr. Ashutosh Gowarikar,

 

Flat no. 202,

 

Kumkum Villa,

 

16th Road, Bandra (W)

 

Mumbai 400 050

 

Dear Sir,

 

We are writing to you from People for the Ethical Treatment of Animals

(PETA) India to ask for your understanding on behalf of elephants. We have

read news reports that you are planning to get 10 elephants from Jaipur to

your set in Karjat to shoot for your forthcoming film - Jodha Akbar. A copy

of the news clip is attached for your reference.

 

Sir, we would like to inform you that all captive elephants, including the

ones from Jaipur, lead miserable lives. During our investigations at Amer

fort in Jaipur, from where these elephants are supposedly being procured for

shooting, we found that elephants with apparent ankus wounds spent their

entire days standing in the hot sun with no water available to them – often

in their own faeces and urine – or trudging up and down to the fort, while

being poked with the ankus or being hit by sticks. Our investigators were

there for 6 hours and in that time they saw no evidence of any water

whatsoever being provided to the elephants. *We are enclosing photographs

for your reference*.

 

Taken from their natural homes and families, captive elephants suffer from

chronic physical ailments, social and emotional deprivation and premature

death. They are robbed of their most basic needs, including social

companionship and adequate space to exercise. An elephant requires almost

200 kgs of food and over 150 litres of water in a day yet this is not

provided to them.

 

Elephants are typically trained with extremely brutal methods that inflict

pain and fear in them to force them to obey the asinine tasks that humans

make them perform. In his normal life, an elephant would walk over 100 kms

daily foraging for food, yet in captivity they are kept tied almost their

entire life. Their feet are not equipped to walk on tar roads yet they spend

their entire day and much of the night walking on these roads. When they are

not working, these terribly neglected animals are chained by their legs;

they suffer from skin ailments, eye infections, cataracts and foot

diseases.They develop foot problems which are very rarely treated in

captivity. The pad of the feet also acts as a shock-absorber as natural

substrates 'give' a little under the weight of the foot. In captivity less

exercise, hard flooring (which does not have any 'give' to it) and standing

around in faeces and urine when chained up causes cracked and soft toe

nails.

 

Elephants are social creatures and in the wild, the females live in

closely-knit family groups. They spend about 18 hours a day walking,

feeding, bathing in water holes and interacting with other elephants. They

are intelligent and sensitive animals and are known to mourn the loss of a

relative, just as humans do. Captive conditions fail to provide an

interesting, stimulating and rewarding environment for elephants. Taken from

their families and homes, these elephants suffer a life of chronic physical

ailments, social deprivation, emotional starvation, and die early. These

magnificent beings are robbed of their most basic needs, including social

companionship and adequate space to roam, a life!

 

This is the sad life of India's captive elephants.

 

Elephants' performances are governed by the Performing Animals Registration

Rules, 2001, framed under the Prevention of Cruelty to Animals Act, 1960. *A

copy of this act is enclosed for your reference*. Rule 3 of the said rules

prohibits any person from exhibiting a performing animal unless the animal

has been registered with the prescribed authority, as appointed under the

said rules. We verily believe that none of the elephants who are being

brought from Jaipur have been registered under the said rules. An owner who

makes an animal perform without registration is committing an offence

punishable under section 38(3) of the said act.

 

In addition, please note the letter no. 9-4/2005-PCA dated 7 December 2005

elucidating the kind of depiction of animals that is not be permitted *A

copy of the letter is also annexed for your reference*.

 

Further the Asian Elephant is protected under the Wild Life Protection Act,

1972 and internationally protected under the CITIES. The housing of wild

animals in captivity including elephants are governed by the Central Zoo

Authority guidelines.

 

Section 2(7A) of the Wild Life Protection Act, 1972, defines the term

" circus " as an establishment – either stationary or mobile – where animals

are kept or used wholly or mainly for the purpose of performing tricks and

manoeuvres.

 

Section 2(39) of the Wild Life Protection Act, 1972, includes inter alia

" circus " within the definition of the word " zoo " .

 

Section 38H of the Wild Life Protection Act, 1972, declares that no zoo –

including circuses, per Section 2(39) – shall be operated without being

recognised by the Central Zoo Authority.

 

When these provisions of the Wild Life Protection Act, 1972, are read and

interpreted together, it is clear that these elephants that you propose to

perform fall within the definition of circus animal, as defined in Section

2(7A) of the act. Hence, such elephants would be covered by the definition

of zoos and cannot be made to perform without recognition by the Central Zoo

Authority and without having their housing and other needs met, as detailed

in the Recognition of Zoo Rules and as applicable to circuses.

 

Sir, on behalf of animals and all compassionate citizens, we humbly request

you to reconsider your decision to use these elephants. If you chose to use

these elephants please ensure that all provisions stipulated under various

legislation are fulfilled.

 

Please feel free to contact me with any further queries, I can be reached on

(0)9820122561.

 

Sincerely,

 

 

Anuradha Sawhney

 

Chief Functionary

 

 

CC: Chairman, Animal Welfare Board of India

 

Member Secretary, Central Zoo Authority

 

CCF Thane Circle, Thane (M.S.) – for necessary action and

 

Directions

 

Secretary, Animal Welfare Board of India, Chennai

 

Encl: As above

 

 

 

 

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