(IN) Illegal pakalppooram

[Guest guest]

The District Collector & Chairman S.P.C.A,

Kottayam, Kerala.

 

Sir,

 

Sub: Assembly of a large number of elephants named ‘Pooram’ in Thirunakkara

maidan.Violation of Central Acts, Rules and Court verdicts regarding,

 

Ref: (1) Section 26 of P.C.A.Act 1960

(2) Performing Animals Registration Rules, 2001

(3) Wildlife Protection Act, 1972

(4) Declaration of Wildlife Stock Rules, 2003

(5) Captive Elephant Management and Maintenance Rules.2003

(6) Judgment from the Hon: High Court of Kerala in WP©

no.1862 of 2008(S) 14-03-‘08

(7) Govt.Circular No. 19689/F-2/2007/F & WLD dated 1-3-2008

(8) Govt: Circular No. 35346/Dev 2/08/R-D dated 23-06-2008

(9) Govt: Circular No. WLI-8081/2008 dated 15-12-2008

(10) Govt: Circular No. WLI-837/2007dated 28-04-2007

 

 

It is understood that a ‘colourful’ assembly of captive elephants is to take

place at Thirunakkara maidan Kottayam, on 23rd of March, 2010 in the name of

‘Pooram’.

 

I humbly remind you that the so called ‘pooram’ of elephants, if takes place

would violate the Acts, Rules, Govt circulars and Court Judgments referred

above.

 

As elephants, whether wild or captive, come under Schedule 1 of Wildlife

Protection Act1972 There are strict provisions for its transfer, transport,

management etc., which are nowadays freely violated by the elephant owners

and pooram organisers of Kerala.

 

The judgment from the Hon: High Court of Kerala referred (item 6 above)

therefore has fixed the responsibility of ensuring the implementation of

Govt: circular (item7) upon the District Collectors.

 

I understand that the so called ‘Pooram’of Kottayam is of recent origin and

the policy of the Govt.is to discourage such tendency and this is quite

evident from the minutes of the discussions -of various meetings held under

the Forest and Devaswom Ministers in which elephant owners also were present

-and the numerous Govt. circulars.

 

I earnestly solicit your immediate attention to the circular issued on

behalf of the Revenue (Devaswom) Department by State Additional Chief

Secretary of Kerala K.Jayakumar.I.A.S (item8). The circular sent to all

Devaswom temples and District collectors clearly discourages the poorams of

recent origin and gives clear and unambiguous rules for the conduct of

festivals where elephants are paraded.

 

The AWBI is very particular about the direction No.8 of the said circular

which clearly stipulates that only those elephants registered with the AWBI

should be allowed to parade or exhibit or perform before the public. The

said direction was issued as per the provisions in the Performing Animals

Registration Rules, 2001 under P.C.A. Act 1960.This Rule is different from

the Performing Animals Rules 1973 applicable only to animals exhibited

before the public admitted through the sale of tickets.

 

Let me humbly remind you that people with vested interest could try to

mislead you by saying that ‘Performing Animals Registration Rules 2001’ and

the ‘Performing Animals Rules 1973’ are the same.

 

To train, exhibit or perform any animal against the above Central Rules

invites punishment up to 3 months and fine up to Rs.500 or both as per

P.C.A.Act 1960.

 

On the basis of violations of court directions and the absence of AWBI

certificates issued by the AWBI.The Ernakulam District Collector banned the

Kakkoor Kaalayottam this year on the same ground.

 

The proposed ‘pooram’ if allowed to be held -as per schedule-will be a

violation of the law of the land. The Devaswom temple is duty bound to obey

the directions contained in the circular issued by the Devaswom Department.

 

I humbly and firmly request you not to allow such poorams which violate our

laws, add cruelty to the already tired and sick captive elephant community,

which could not withstand the strain, thirst, lack of rest during this hefty

festival season. Even the gentlest of these mammoth giants are turning

violent and causing damage to life and property everyday.

 

As it is nearly impossible to allow the conduct of such pompous and cruel

poorams- where more than 50 elephants stand in the scorching sun for hours,

bound by heavy chains and without water and feed- without violating the law

of the land, I request you to firmly insist on the certificates and

management conditions of the performing elephants. Those elephants not

having certificates under the Central Performing Animals Registration Rules

2001 should not be allowed to be paraded, exhibited or performed before the

public.

 

Some of the elephant owners have challenged this provision in the Hon: High

Court of Kerala asking for an exemption for the elephants of Kerala from the

Central Performing Animals Rules 2001, but the Hon: H.C.has not taken any

decision upon it so far.

 

I request you to be the guardian of the law and the poor animals in this

regard and not to give permission to conduct such poorams whoever be the

organisers behind it.

 

 

Please find attached the clarification given by the AWBI Secretary in this

regard last year.

 

Thanking you,

Yours faithfully,

A.G.Babu.

 

Member (co-opted)

Animal Welfare Board of India