(IN) Elephant Polo

[Guest guest]

To

(1) Secretary /*

*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*

 

*Sir, *

 

* The International Organisation for Animal Protection is an Italy based

organisation duly affiliated with the United Nation since 1992 and

undersigned representing OIPA in India to address you as under:-*

 

* *

 

*1. The Department of Tourism, Government of

Rajasthan has scheduled to hold an Elephant Festival in Jaipur, Rajasthan

every year.

*

 

*2. That an promotional release has been posted

on the website of Rajasthan Tourism announcing that the elephant festival

would be organised at Jaipur wherein events like elephant races, elephant –

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

 

*3. Elephant is an critically endangered specie

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 decided by the Hon’ble High Court of Rajasthan at Jaipur on

26-2-2010, wherein the issue of welfare and ownership of elephants in

Jaipur, particularly those stationed at Amber Fort is being looked into,

iron ankush replaced by wooden ankush, if required : order has been passed.

*

 

*5. That another organisation PETA vide

application dated 28th February, 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.â€*

 

* *

 

*6. That the Hon’ble High

Court by its order dated 11thJuly, 2008 directed the PCCF (Wildlife)

Rajasthan to supply the specific information sought for in quarry No. IV of

the RTI Application i.e. “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.â€*

 

* *

 

*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.â€*

 

* *

 

*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 Warden, Jaipur has issued notices

dated 24.07.2008 to each of the said 62 persons 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

violation 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 violation of the provisions of law.*

 

* *

 

*It is therefore, requested 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. We firmly believes that the officers of the State would

uphold and implement the law, failing which, appropriate legal consequences

would necessarily follow.

*

 

Naresh Kadyan http://nareshkadyan.webs.com/

Representative of the International Organization for Animal Protection in India,

http://www.oipa.org/oipa/news/oipaindia.html

Chairman, PFA Haryana http://www.pfaharyana.in

+91-9813010595 , 9313312099

http://nareshkadyanbook.blogspot.com/

*C - 38, ROSE APARTMENT, PRASHANT VIHAR, SECTOR-14,*

*ROHINI, DELHI - 110085.

*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.*