Insuring Elephas Maximus-Kerala Model !!! Ask the Companies

[Guest guest]

Gentlemen,

 

 

It has been reported that a joint meeting of the representatives of the

Insurance Companies, elephant owners and mahouts of Kerala was held in the

state capital, presided by the State Forest Minister on 28-03-2008 at 3 pm.

 

I further understand that the following personnel from various Insurance

Companies were present in the discussions and deliberations on the issue of

giving insurance cover to elephants and their mahouts.

 

1. Dr. N. Mohan Sankar, Senior Divisional Manager, United India Insurance

Co. Ltd.

 

Divisional Office, LMS Compound Trivandrum.

 

2. Mr. Prakash Madhavan, Divisional Manager, United India Insurance Co. Ltd.

 

3. Mr. Babu John, Administrative Officer, New India Assurance Co. Ltd.

 

4. Mr. Prem Kumar, Administrative Officer, Oriental Insurance Co. Ltd.

 

5. Mr. K.S. Satheesh Kumar, Divisional Manager, Oriental Insurance Co. Ltd.

 

6. Mr. K. Narayanan, Senior Divisional Manager, National Insurance Co. Ltd.

Vazhuthacadu, Trivandrum

 

7. Mr. R.P. Nair, National Insurance Co. Ltd.

 

The minutes of the said meeting shows that the above mentioned gentlemen

have agreed to insure the species named *Elephas Maximus* coming under

Section 12(b) Schedule 1 part 1 of Wildlife Protection Act 1972 under

captivity in the state of Kerala.

 

I have further noticed that as per item No. 10 of the resolutions of the

meeting, . " all the applications submitted for the issuing of Ownership

Certificates upto the date 18-8-2007 will be scrutinised and cleared by the

Chief Wildlife Warden of Kerala. Thereafter the Divisional Forest Officers

would consider issuing the necessary certificates required for insurance

till the amendement in the Central Wildlife Protection Act 1972 is

effected. "

 

As per the item No.1 of the resolutions of the meeting all the mahouts

(three per elephant) in the state should be insured at the rate of

Rs.2,50,000 (for death or permanent handicap) and Rs. 25,000 (for injuries).

 

I would be very obliged if your office would clarify the following

points for my information and enlightenment.

 

1. Is it so simple for an Insurance company to insure a wild animal

covered under Schedule 1? Is it legal and in accordance with the provisions

of the Wildlife Protection Act 1972 ? .

 

2. As captive elephants cannot be used for activities that generate monetary

income or even transferred " by way of sale or by any other mode of

consideration of commerical nature. " (Section 43(1)WPA Act 1972), how can

your insurance schemes be legally viable and justifiable for your company?

 

3. The Insurance companies have agreed to the resolution number 7 regarding

the 'registration of the elephants' by the State Forest Department as a

necessary component for insurance. Is this registration legally valid which

could effectively overrideor circumvent the strict provisions concerning the

Ownership Certificates as required by the Central Wildlife Protection Act

1972?

4. As you know the medical certiciate issued by the veterinary doctor forms

an integral part of the documents during the tenure and disposal of the

policy. In all the Central Acts and Rules and elsewhere a Veterinary Doctor

is defined as a " person registered with the Veterinary Council of India

established under the Indian Veterinary Council Act 1984 (52 of 1984). " But

the provisions in the Kerala Captive Elephants (Management and Maintenance)

Rules, 2003 which your company has obey to insure the elephants, a

veterinary doctor means " a registered Veterinary Doctor or an experienced

Ayurvedic elephant expert. "

 

Have you noticed such an " experienced Ayurvedic expert " is empowered to

issue certificates of all sorts including death certificates as per the

State Captive Elephant Management Rules and you have to honour them and

settle claims?

 

5. There are a lot of complaints regarding the planned killing of tuskers

for insurance money and ivory, in which connivance of a few corrupt officers

of the state, the elephant owners/contractors and the so called members

from the " Veterinary Doctors " fraternity is alleged.

Are you legally bound to ensure that the tusks of a deceased elephant are

properly vested with the authorities before settling the claim?

 

6. Are you aware that generally no Ownership Certificate issued after 14th

April 2004 carries legal validity as per the Declaration of Wildlife Stock

Rules 2003?

7. The Declaration Rules insists that applications for Owneship Certificates

of all captive elephants (animals) in India should be received by the

respective State Chief Wildlife Warden on or before 18th October 2003 and

should be endorsed by the above officer on the date on which it is presented

and registered and duly acknowlegded.

As per Section 8(2) of the Declaration Rules the Chief Wildlife Warden

" shall *as far as possible* decide the application within six months of the

date of its presentation and communicate the same to the applicant in

writing under his own signature by registered post. "

As the above rule clearly defines the maximum time limit to take decision

on the issue of Ownership Certificate (i.e. April 14th, 2004) how could you

legally receive and vaidate Ownership Certificates bearing a date after

that?

 

8. For obtaining an Ownership Certificate for a captive elephant one has to

submit a declaration consisiting of four parts.

 

[a] The first part consists of the details of the applicant's name and

address along with physical and such other procurement details of the

animal.

 

The second part insists that the animal should have an address of its

own.

[c] The third part is a statement that the animal was acquired by legal

means --

[d] while the fourth part is a statement that the animal " shall not be

transferred by anyone by anymode except by way of inheritance. "

[e] The fifth and final part of the declaration is the conset for fixing

transponder and the responsibility for its safe custody.

I am of humble opinion that the Central Wildlife Protection Act and the

Rules thereunder are not made for the well being and benefit of a bunch of

elephant owners/contractors or Insurance Companies.

For the above two legged varieties the Government of India has alreadly

made other Acts and Rules - I am sure you are more aware of these, than me.

I therefore request you to insist on the strict scrutiny of the proper

certificates and supporting documents before such policies are taken against

these poor dumb creatures called *Elephas Maximus* scheduled under [1]

part 1 of Indian Wildlife Protection Act 1972.

As India is a signatory to various global treaties for the welfare and

protection of animals including the CITES --new and stricter amendments are

being introduced by the lawmakers of our nation to ensure their rights,

safety, well being and protection.

*No insurance company can cover an elephant better than the forest*.

Thanking you

Yours sincerely

A.G.Baapnabu