Thursday 17 October 2013

PAWS-Mumbai Letter to Chief Conservator of Forests - Thane in regards to Cruelty on Elephants in the state of Maharashtra by private owned Elephants owners who bring the Elephants from other states. Demand Total Banning of Elephants into the limit of CCF Thane with immediate effect by implementation of Existing Animal Welfare Laws as per our Constitution of India


To,
Chief Conservator of Forests - Thane
Van Bhavan, Bara Bungalows Area, Near Microwave Tower,
Kopri Colony, Thane (East), Thane – 400 603
 
Subject           :          Cruelty on Elephants in the state of Maharashtra by private owned Elephants owners who bring the Elephants from other states. Demand Total Banning of Elephants into the limit of CCF Thane with immediate effect by implementation of Existing Animal Welfare Laws as per our Constitution of India 
 
Dear Sir,
 
Our father of nation Mahatma Gandhi said “The greatness of a nation and its moral progress can be judged by the way its animals are treated” and we Indian believe Elephant as a God, but recent death of “Bijli / Ramu” elephant in Mulund, Mumbai (Maharashtra) which we strongly believe is due to use of elephants on streets, crowded area, joy rides, use in marriage ceremonies and other commercial purpose by their owner without any proper diet & health care. Bijli is not the first Elephant who has died, in 2006, an elephant “Roopkali / Laskhmi” too died after being hit by speeding water tanker on the streets of Chembur, Mumbai (Maharashtra).
 
The Indian Elephant is listed at S. No. 12-B in Schedule – 1 of The Wildlife (Protection) Amendment Act 2002. As in Maharashtra there are not habitats for elephants, so they are brought to CCF Thane from other states by road ways on foot. Such elephants are taken away from their natural habitats and forcibly separated from their parents at young age and thus illegally (maybe legally) brought to towns for commercial purposes. Can they be given requisite permissions like ownership certificate & transit permit by Forest Department and allowed to bring to towns for commercial purpose? We strongly believe not a single elephants in CCF Thane is covered by Elephant Insurance Policy nor having Certificate of Implantation of Microchip which is the duty of Forest Department to track the movement of such animals and even not have any data base of the elephants owned by private people too. No forest check post staff is keeping a watch of Elephants which are coming into CCF Thane AREA from other State.

We learned that all Elephants owners have failed to provide elephant sufficient food, water or shelter as most of the elephants are seen resting under bridge, side of roads at night or other public place and even failing to provide health care because in CCF Thane Area there is No Private or Animal Husbandry Veterinary Doctor who can treat elephants. Elephants are not given sufficient exercise too. Such walking on town’s streets for food and money cannot surly be called “exercise”. In CCF Thane Area, Elephant become money making business equipment for their owners and 2009 PAWS-Mumbai written a Suggestion letters to all the law enforcement authority but not received any response from them. If timely action have been taken against this private owners we have possible to see “Bijli / Ramu” and “Roopkali / Laskhmi” alive.

Above all the activities carried out by these owners are violating various animal welfare laws like Section 2(7A) read with Section 2 (39) 38H, 43 and 42 of Wildlife (Protection) Amendment Act 2002; Wildlife Protection Act 1972; Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules 2001; Prevention of Cruelty to Animals Act 1960; Performing Animals Rules, 1973 & 2001; Indian Penal Code 1860. But even after compliant to the Officers of Forest Department not action are been take against the owners.

So, we as a citizen of India and animal welfare / rights organisation, demand to you as a HEAD of law enforcement authority to TOTAL BAN on Elephants (include bringing for festivals) transit into the limit of CCF Thane with immediate effect by implementation of the existing laws as per our Constitution of India. It’s time we common citizen, public representative and our future citizen student and youths should come forward to SAVE JUMBO.

Our observation …..…

Ø  The Elephants are made to walk for long distance without adequate food and water on Tar road.
Ø  The Elephants are made to walk long distance at night time too.
Ø  The Elephants cause traffic jam while they are being taken from one place to another.
Ø  The noise due to vehicular traffic and crackers increase the stress levels of the Elephants.
Ø  The Elephants do not get proper medical treatment by their handler when they become sick or injured.
Ø  Minor children are made to sit over Elephants and beg along with these animals.
Ø  It is hazardous to make the Elephants walk in public as they may come in “Musth”, thus risking the life and property of citizen.
Ø  The handlers / owners of the Elephants themselves are poor. Thus it is very unlikely that they would be able to feed or taken proper care of these meg-herbivores who require adequate food and medication to live well.
Ø  The owner sells the tail hairs as good – luck charms.
Ø  It’s seen the Forest Department have no control over private owned elephant owner.

Our suggestion ……..

Ø  Direct the Police, Local Forest Staff to take appropriate penal action against the violator, handlers or owners of these animals.
Ø  Ensure that ownership license of the handlers or owners are revoked. 
Ø  Constitute an Elephant Welfare Committee (comprising of Police, Forest officials and representative of animal welfare organizations) who would direct a team of Elephant handlers to transfer apprehended animals to hospitals / wildlife parks / Elephants Camps.
Ø  Expert “Mahouts” be made to take care of these apprehended Elephants in the National Parks / Wildlife Sanctuaries and paid for the same.
Ø  Direct the Police Commissioner and Chief Conservator of Forests to educate all their subordinates about the laws concerning the welfare and Elephants and other animals.
Ø  Make the officials manning the various check-posts (of Police, BMC and Forest Departments) to prevent entry of unauthorized animals into city limit.
Ø  Seize the elephants which are made to beg on the streets and transfer them to the nearest forest (such as “Sanjay Gandhi National Parks” etc.). The mahout can be sent with elephant and use it for patrolling, tourism etc. The mahout would be better off in such National Parks as they would not have to walk on our tarred/ concrete roads and also that they would be taken care of by the medical team of such Parks.
Ø  Kindly ensure that mahout should given some sort of employment as per their expertise in the forest or elsewhere. They could be given the job of care and welfare of such elephants.
Ø  Funding of such “elephant camp” in National Parks should be funded by Project Elephants / Central Zoo Authority (CZA) / State Forest Department.

In the larger interest of the mute and suffering animals, we request you as a Head of law enforcement authority to take urgent steps to prevent abuse and ill-treatment of such animals. If timely action will not taken from your side in future we have to see more “Bijli / Ramu” and “Roopkali / Laskhmi” dying on streets of Maharashtra.

Abhijeet Rane                                                            
Patron & Member Advisory Board                         
Plant & Animals Welfare Society - Mumbai          
President : Abhijeet Rane Youth Foundation          

Sunish Subramanian Kunju    
Founder & Secretary : PAWS-Mumbai 
Hony. Animal Welfare Officer : AWBI    
Editor : Plant & Animal Voice               

Document attached :

1.               Copy of Animal Welfare Laws Leaflet . Page 11 - 12
2.                 Photographs showing real fact condition of elephants in Maharashtra . Page 2, 4, 6 3.               Copy of Complaint letters . Page
4.               Copy of Suggestion letters . Page
5.               Copy of Letter received from Central Zoo Authority  . Page
6.               Copy of Letter send by Animal Welfare Board of India . Page
7.               Copy of Letter send by Hon’ble Justice Shri. C.S. Dharmahikari (Chairman) Committee to Monitor Animal Welfare Laws in Maharashtra, Appointed by Hon. The Bombay High Court . Page
8.               Newspaper clippings . Page

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