PETA notice to govt on elephant festival

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http://www.thehindu.com/2009/03/04/stories/2009030453130300.htm

PETA notice to govt on elephant festival4 Mar 2009, 0334 hrs IST, TNN

 

 

JAIPUR: The fate of the famous annual elephant festival of Jaipur, scheduled

to be held on the eve of Holi on March 10 this year, now hangs in balance.

 

A legal notice has been issued by an advocate of the Delhi High Court, Raj

Panjwani, on behalf of People for Ethical Treatment of Animals (PETA), to

the secretary of the tourism department, principal chief conservator for

forest and the chief wildlife warden of Rajasthan, questioning the

performance by the pachyderms.

 

The notice talks of a promotional release posted on the website of Rajasthan

Tourism which mentions events like elephant races, elephant polo matches and

tug of war between elephants and men that will be held during the festival.

 

The notice cites the Wildlife (Protection) Act, 1962 and the Performing

Animals (Registration) Rules and ponders on the state hosting such a

festival when it is under obligation to implement and enforce the laws.

 

It has also been requested that appropriate directions may be issued to the

concerned authorities to prevent any breach of the Performing Animals

(Registration) Rules, 2001.

 

According to the notice issued by Panjwani, “Elephant is a 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.’’

 

He also points to a writ petition (PIL) No. 8987 of 2006 pending before the

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.

 

The notice points out that PETA under the RTI Act has information that 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 other 62, ownership certificates have

been issued by the respective authorities of the state.

 

However, no ownership of the 62 elephants have been proved as against

Section 57 of the Wildlife (Protection) Act that clearly mandates proving

lawful possession of an scheduled animal. The notice further points out that

even if ownership is proved for the 62 elephants it will be for the purpose

of carrying logs and therefore they cannot be used for public performance as

per the Performing Animals (Regulation) Rules.

 

The elephant festival is an inimitable event held annually in Jaipur at the

Chaugan Stadium. Groomed flawlessly, rows of elephants do a catwalk before

an enthralled audience to make this festival an event to remember.

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