(IN): PETA sends legal notice to Rajasthan government questioning use of elephants in festival on 10th March 09

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Details of the notice are given below. Please support this fight against cruelty

to elephants.

 

*RAJ PANJWANI***

 

*Advocate*

 

*339, Lawyers Chamber *

 

*Delhi** High Court, New Delhi –110003*

 

*Phone. 23381975*

 

*SPEED POST ON 28 FEBRUARY 2009*

 

To

(1) Secertary/Director of Tourism,

Department of Tourism,

Govt. of Rajasthan,

Hotel Swagatham Campus,

Near Railway Station,

Jaipur-302006.

 

 

(2) Principal Chief Conservator of Forests,

Govt. of Rajasthan,

Van Bhawan,

Near High Court of Rajasthan,

Vaniki Path,

Jaipur-302005.

 

(3) Chief Wildlife Warden

Govt. of Rajasthan,

Van Bhawan,

Near High Court of Rajasthan

Vaniki Path,

Jaipur-302005

 

*LEGAL NOTICE*

 

Sub: Elephant Festival Jaipur, organized by Rajasthan Tourism at Jaipur,

to be held on 10th March, 2009

 

Sir,

 

I have been instructed by my client People for Ethical Treatment of Animals

(PETA) to address you as under:-

 

1. The Department of Tourism, Government of

Rajasthan has scheduled to hold on 10th March, 2009 an Elephant Festival in

Jaipur, Rajasthan.

 

2. That an promotional release has been posted on

the website of Rajasthan Tourism announcing that the elephant festival would be

organised on 10th March, 2009 at Jaipur wherein events like elephant races,

elephant – Polo matches and tug of war between elephants and men are to be held.

A photocopy of the said promotional release downloaded from the web is

attached herewith.

 

3. Elephant is an critically endangered species and

is listed at Entry No. 12-B of Part-I of Schedule-I of the Wildlife(Protection)

Act, 1972, possession of which is prohibited. Only a person who

has been granted an ownership certificate under Section 42 of the said Act

by the Chief Wildlife Warden can possess an elephant. Further, Form-II

prescribed under sub-rule 5 of rule 5 of the Wildlife (Transaction &

Taxidermy) Rules, 1973 authorizes the Chief Wildlife Warden, while issuing an

ownership certificate for a wild animal, to specify the purpose for which it

can be used.

 

 

4. That a S.B. Writ Petition (PIL) No. 8987 of 2006

is pending before the Hon’ble High Court of Rajasthan at Jaipur, wherein the

issue of welfare and ownership of elephants in Jaipur, particularly those

stationed at Amber Fort is being looked into.

 

 

5. That PETA vide application dated

28thFebruary, 2008 had applied to the Public Information Officer, PCCF

(Wildlife), Rajasthan under the RTI Act seeking the following information:-

 

 

“(i) Total number of elephant located in Jaipur – Amber City.

 

 

 

(ii) Number of elephants in Jaipur – Amber City

which are without ownership certificates issued under Wildlife Protection

Act, 1972.

 

 

 

(iii) Break-up of number of ownership certificates in

respect of elephants in Jaipur – Amber City which have been issued by the

Chief Wildlife Warden, Rajasthan and the Chief Wildlife Wardens of other

States respectively.

 

 

 

(iv) Name and address of the person in whose actual

possession the custody of each of the said elephant is currently with. If

the person who holds the custody is other than the owner, than in what

capacity and under whose authority the said person has been permitted to

keep in his possession the said elephant.

 

 

 

(v) Please supply a legible copy of the ownership

certificate of each of the elephants which are located in Jaipur – Amber

City.”

 

 

 

6. That the Hon’ble High Court by its order

dated 11th July, 2008 directed the PCCF (Wildlife) Rajasthan to supply the

specific information sought for in querry No. IV of the RTI Application i.e.

“If the peson who holds the custody is other than the owner, than in what

capacity and under whose authority the said person has been permitted to

keep in his possession the said elephant.”

 

 

 

7. That as per the information supplied under

the RTI Act there are 117 elephants including two baby elephants in Jaipur

out of which the Ownership Certificates of 41 elephants have been issued by

the Chief Wildlife Warden, Jaipur and for the balance 62, Ownership

Certificates have been issued by the respective authorities of the States

other than Rajasthan. The break of such certificates are as under:-

 

* *

 

*State Certificates*

 

Assam 39

 

Nagaland 02

 

Bihar 10

 

Maharashtra 02

 

Andaman & Nicobar 04

 

Arunachal Pradesh 03

 

Delhi 01

 

Lucknow 01

 

----

 

Total 62

 

----

 

8. That the Wildlife Department has filed an

additional affidavit dated 8th August, 2008 before the Hon’ble High Court,

wherein it has in Para No. 5 deposed that “The present deponent is not in

a position to furnish definite information, in what capacity and under

whose authority, these persons [in Jaipur] are keeping the alleged

elephants.”

 

 

 

9. That the Wildlife Department to the said

additional affidavit dated 08.08.2008 has also annexed as Annexure AA/R/2 a

list of 62 elephants whose ownership certificates are out of the State of

Rajasthan and whose possession is with the local residents of the State of

Rajasthan.

 

 

 

10. That as per Para No. 5 of the said affidavit

dated 08.08.2008 the Dy. Chief Wildlife Wardan, Jaipur has issued notices

dated 24.07.2008 to each of the said 62 pesons seeking specific information

as to how the person has acquired the possession of the said elephant.

 

 

 

11. That the Elephant Owners Development Society

which is a respondent in the said writ petition before Hon’ble High Court

and of which, the said 62 persons are allegedly its members in response to

the said notice sent a consolidated reply dated 28.07.2008, on behalf of the

said 62 persons, which reply is evasive and does not disclose any

information. Section 57 of the Wildlife (Protection) Act clearly mandates

that the burden of proving lawful possession of an scheduled animal is on

the person having possession of such an animal.

 

 

 

12. That the said 62 persons prima facie have in

voilation of the provisions of the Wildlife (Protection) Act acquired the

respective elephants which are admittedly in their possession and thereby,

have committed an offense punishable under Section 51 of the Wildlife

(Protection) Act.

 

 

 

13. Further, the alleged ownership certificates

issued in favour of the original owner does not permit the elephant to be

used for the purpose of events like elephant races, elephant-polo matches

and tug of war. The purpose mentioned presumably in the ownership

certificates is for logging. In cases where the purpose has not been

specifically mentioned, the owner before using the elephant for any purpose

has to approach the concerned Chief Wildlife Warden, which has issued the

ownership certificate to permit and endorse the proposed purpose for which

an elephant has been acquired.

 

 

 

14. That the Central Government has framed the

Performing Animals (Regulation) Rules, 2001 under Section 38 of the

Prevention of Cruelty to Animals Act, 1960. Rule 2 (h) defines “performing

animal” to mean an animal which is used at or for the purpose of any

entertainment including a film or an equine event to which the public are

admitted.” Rule 3 prohibits any person to exhibit or train any animal as a

performing animal unless it is registered under the said rules, in other

words registered with the Prescribed Authority, which is the Animal Welfare

Board of India.

 

 

 

15. That an elephant used for the purpose of racing

or polo or tug of war clearly falls within the ambit of the definition of

Performing Animal, and using an elephant for the said purpose is prohibited

and an offence under Section 38(3) of the Prevention of Cruelty to Animals

Act. None of the aforementioned 117 elephants which are to be used for

performance during the said elephant festival at Jaipur are registered under

the Performing Animals (Registration) Rules, 2001.

 

 

 

It would indeed be unfortunate, if the State which is under an obligation to

implement and enforce the laws, itself commits or promotes acts or events

which are in complete voilation of the provisions of law.

 

 

 

It is therefore, requested on behalf of my client that the elephants, which

do not have a valid ownership certificate under the Wildlife (Protection)

Act, 1962 or those elephants whose valid ownership certificates do not

specifically permit the elephant to be used for racing or polo or tug of

war; or those elephants which have not been registered under the Performing

Animals (Registration) Rules, are not permitted to perform or be used for

racing or polo or tug of war or for any other event or performance, during

the scheduled Jaipur Elephant Festival. My client firmly believes that the

officers of the State would uphold and implement the law, failing which,

appropriate legal consequences would necessarily follow.

 

 

 

* *

 

* *

 

*RAJ PANJWANI*

 

Advocate

 

CC: Secretary,

 

Animal Welfare Board of India

 

13/1, Third Seaward Raod,

 

Valmiki Nagar, Thiruvanmiyur,

 

Chennai-600 041

 

 

 

It is requested that appropriate directions/ orders may please be issued to

the concerned authorities to prevent any breach of the Performing Animals

(Registration) Rules, 2001.

 

 

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