Madhya Pradesh High Court Orders Expert Review of Captive Elephants in Kanha National Park, Seeks Status Report on Welfare and Feasibility of Release
Kiran Raj
The Madhya Pradesh High Court has directed an expert committee to examine the status of captive elephants in Kanha National Park and assess the possibility of their release into the wild. The court instructed the respondents to file a status report detailing the conditions of the elephants and the measures taken to ensure their welfare. The directives were issued as part of a writ petition concerning the treatment and management of elephants held in captivity at the park.
The writ petition was filed by Nitin Singhvi, represented by Advocate Anshuman Singh, seeking the court's intervention to address the conditions of captive elephants in Kanha National Park. The petitioner contended that the prolonged captivity of the elephants necessitated an urgent review to determine whether their current conditions adhered to applicable wildlife conservation laws and welfare guidelines.
The petitioner referred to the Wildlife Protection Act, 1972, and relevant international guidelines concerning the treatment of captive wildlife. It was argued that prolonged captivity without adequate justification could adversely impact the health and well-being of the elephants and contravene the objectives of wildlife conservation and ethical management of animals.
The petition sought directions for a scientific assessment of the elephants’ physical and psychological health and the feasibility of releasing them into their natural habitat. It was submitted that an independent expert committee should evaluate whether the captivity conditions align with the objectives of wildlife conservation and the welfare standards set by law.
The respondents, represented by Advocate Sandeep Shukla and Deputy Advocate General B.D. Singh, requested additional time to file a status report. They assured the court that measures were being implemented to ensure the welfare of the elephants in compliance with applicable legal provisions.
The respondents also stated that a report detailing the condition of the elephants would be submitted to the court, pursuant to its earlier order issued on October 14, 2024.
The division bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain recorded the submissions made by both parties and noted the petitioner’s claims concerning the necessity of evaluating the captivity conditions of the elephants. The court observed the relevance of assessing whether the current arrangements for the elephants met the welfare standards mandated by law.
The court referred to the petitioner’s submissions regarding the application of the Wildlife Protection Act, 1972, in the management of captive wildlife and stated: “The expert committee shall examine the captivity of the elephants in Kanha for the possibility of releasing the elephants.”
The court further recorded the need for an expert-driven approach to assess the feasibility of releasing the elephants into their natural habitat. It stated: “Scientific and expert-based inputs are crucial for determining the next course of action regarding the elephants’ captivity.”
The court noted that the status report to be filed by the respondents would assist in evaluating the current conditions of the elephants and determining the measures necessary to address the issues raised in the petition.
The bench observed that the matter required a balanced consideration of the interests of wildlife conservation and the ethical treatment of animals in captivity. It stated: “It is essential to determine whether the captivity conditions align with the objectives of the Wildlife Protection Act, 1972, and the principles governing the management of wildlife in protected areas.”
The Madhya Pradesh High Court issued the following directives:
- The respondents were instructed to file a status report providing details on the conditions of the captive elephants in Kanha National Park and the measures undertaken to ensure their welfare.
- An expert committee was directed to examine the captivity of the elephants and assess the feasibility of their release into the wild.
- The respondents were granted two weeks to comply with the court’s directives, and the matter was adjourned to allow sufficient time for compliance.
The court’s order stated: “Learned counsel for respondents seeks two weeks’ time to seek instructions in the matter. They are also directed to file a status report pursuant to the order dated 14.10.2024.”
The court stated that the role of the expert committee would be to provide a scientific evaluation of the conditions and captivity of the elephants and to recommend appropriate measures based on its findings.
Case Title: Nitin Singhvi v. Union of India & Others
Case Number: WP No. 22959 of 2018
Bench: Chief Justice Suresh Kumar Kait and Justice Vivek Jain
