Need to release better and more effective Circulars to prevent abuse of Elephants under the Wildlife (Protection) Amendment Act, 2002 in entire MAHARASHTRA State -----PAWS-Mumbai

To,
Shri. Praveen Pardeshi Ji – IAS
Principal Secretary Forest – Govt. of Maharashtra
Mantralaya, Vidhan Bahvan Marg, Nariman Point, Mumbai – 400 032. 022 22023363
...
Shri S.W.H.Naqvi Ji - IFS
Principal Chief Conservator of Forests - Head of Forest Force : M.S., Nagpur
3rd Floor, "Van Bhanvan", Ramgiri Road, Civil Lines, Nagur - 440 001. 0712 2550670

Shri Sarjan Bhagat Ji - IFS
Principal Chief Conservator of Forests – Wildlife : M.S., Nagpur
3rd Floor, "Van Bhanvan", Ramgiri Road, Civil Lines, Nagur - 440 001. 0712 2549563

Subject : Need to release better and more effective Circulars to prevent abuse of Elephants under the Wildlife (Protection) Amendment Act, 2002 in entire MAHARASHTRA State.

Reference :
Circular No. : D-8(4)/WLP/OW/128/07-08, Thane 400 603, Dated : 24/7/2007, Issued by the Chief Conservator of Forests – Thane
Circular Dated : 28th October 2013, Issued by the Additional Principal Chief Conservator of Forests (Wildlife) West Region

Respected Sir,

This is to bring to your notice that the above two Circulars are greatly flawed. The following flaws have been noticed due to which the owners / handlers etc. of Elephants exploit the loop-holes to abuse them and gain monetarily, thus evading prosecution. The Indian Elephant is listed at S. N. 12-B in Schedule – 1 of The Wildlife (Protection) Amendment Act 2002 and elephant is also a largest herbivorous animal.

The flaws noticed in these two Circulars are :
a. The Circulars restrict the jurisdiction of abuse to Mumbai, Navi Mumbai and Thane. (The jurisdiction needs to be extended to entire Maharashtra or if the issuing authority is of a Particular Region or CCF Area, then it should cover that entire Region or CCF Area.)

b. There is no provision for penalty for the law-breakers mentioned in the Circulars. The exact Sections of the law (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., etc) which get violated and the resultant penalty needs to be mentioned in the Circulars.

c. Instructions need to be given to check-posts (of vehicular and of Forest Dept.) to be vigilant and thus ensure that no such transition of Elephants is permitted from one area to another.

d. Accountability needs to be well-defined upon every law-enforcer (i.e. Range Forest Officer, Guards at Forest Check Post, Round Officers and up to the Chief Conservator of concerned region, if they fail to detect such violations or fail to act upon such violations when brought to their notice by animal lovers or concerned citizens.

e. All permissions needed for display, performance in circus or otherwise, transition, for joy-rides, display in temples etc. need to be checked by the concerned law-enforcers before any other permissions are granted by the Forest Depts. ( That is the co-ordination between various authorities concerned to animal / wildlife – Police, Forest Check Post Staff, Animal Welfare Board of India, Officers of Conservators of Forests etc. needs to be fine-tuned in order to ensure that no loop-holes are exploited by the law-breakers to cause distress and abuse of Elephants).

f. The Circulars needs to mention the Helpline Nos., Addresses and E-mail ids of law-enforcers which citizens can avail of when they notice abuse of Elephants.

g. Every Circular should have the Department rubber Stamp, Phone Nos., Postal Address and E-mail id mentioned in the Circular so as to make it authentic.

h. The Circulars need to be widely circulated and displayed via various offices of the law-enforcement Departments and also prominently displayed on the Department websites for easy access for the citizens.

i. All law-enforcement Departments should be directed to promptly take cognizance of complaints of Elephant abuse and should act immediately upon them so as to act as a deterrent for the law-violators.

Sir, co-ordination Committee should be instituted comprising of Police, Forest Officers and NGO representatives at regional and State and CCF level to ensure that law-enforcement is promptly done, failing which appropriate action is initiated against the concerned officers for dereliction of duty and non-implementation of laws.

Please note if really prompt action would have been taken on the above two Circulars, then abuse and deaths of Elephants such as Roopkali, Bijlee - Ramu etc. would have been prevented.

So once again we request you to kindly ensure that your good office and the various subordinate Departments under the Forest Department issue foolproof Circulars so as to ensure zero abuse of Elephants and other animals.

We would appreciate if you could inform us of the action taken on our above suggestions so that your proactive actions are promptly communicated to other animal welfare organisations and concerned citizens.

Thanking you.

In the service of animals and environment,

For Plant & Animals Welfare Society –  Mumbai 

Sunish Subramanian Kunju (Secretary)

Editor : Plant & Animal Voice
Hony. Animal Welfare Officer : Animal Welfare Board of India (Govt. of India)
Hony. Animal Welfare Officer : Committee to Monitor Animal Welfare Laws in Maharashtra

Attached : Copy of both the circulars

Copy to :

1. Shri. Patangrao Kadam Ji - Hon. Minister of Forest, Govt. of Maharashtra, Mumbai.
Mantralaya, Vidhan Bahvan Marg, Nariman Point, Mumbai – 400 032.

2. Shri. Chaitanya Murti Ji - Asst. Inspector General of Forests (Project Elephant) & CPIO, Ministry of Environment and Forests, Room No. 414, Block-3, CGO Complex, New Delhi-110003.

3. Secretary, Animal Welfare Board of India, 13/1, Third Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai- 600 041, T. N.

Additional Principal Chief Conservator of Forests (Wildlife) West Region Circular

Please click of IMAGE to see Large Image

Additional Principal Chief Conservator of Forests (Wildlife) West Region, Near Old MHB Colony, L.T.Road, Borivali (West), Mumbai – 400 091.

 

Date : 28^th October 2013

 

CIRCULAR

 

By an Order bearing No. Desk 23(4)/CNo. 494/1603 dated 26^th July 2013, the Chief Wildlife Warden has delegated various power inter alia Section 42 and 43 (2) to the office of the Additional Principal Chief Conservator of Forests (Wildlife). It is in keeping with this order that this office is passing the following Circular :

 

The Elephant is listed at S. No. 12 – B in Schedule – 1 of The Wildlife (Protection) Amendment Act 2002. The is often brought within the city limits of Mumbai, Navi Mumbai and Thane. These elephants are brought in to : give joy ride, beg; entertain Guests at wedding; act in serials and movies; bless and entertain guests at functions at temples and political rallies. All of the activities carried out by the Elephant are in contravention with the Wildlife Protection Act, 1972.

 

Mumbai, Navi Mumbai and Thane are densely populated urban areas. Elephants are wild animals and are ill suited to these cities. Given the external conditions of a densely populated urban environment elephants in cities can get easily agitated. As a result of this, elephants can attack human beings. This is a direct risk to public safety and life.

 

Section 42 of the Wildlife Act provides for the issuance of a certificate of ownership to persons who are in lawful possessions of, inter alia, wild animals. Under the prevision to section 42, prior to issuing a certificate of ownership, it is mandatory to ensure that the applicant has adequate facilities for housing, maintenance and upkeep for the animal. Under Section 43 (2), when a person transfers an animal listed in any of the Schedules of the Wildlife Protection Act, 1972 from the state in which it resides to another state he must report the transfer to the Chief Wildlife Warden. It is  the opinion of this office, that no elephant owner can provide an elephant adequate facility for housing, maintenance and upkeep of these animals within the city limits of Mumbai, Navi Mumbai and Thane.

 

Therefore, urban areas are not suitable for keeping of elephants. As a consequence, it is hereby declare that the presence of the Elephants in the area falling in the areas falling within the city limits of Mumbai, Navi Mumbai and Thane is prohibited henceforth.

 

(Suresh Thorat)

Additional Principal Chief Conservator of Forests,

(Wildlife) West Region

Copy to all concerned.

CZA New Delhi Circular

Central Zoo Authority - New Delhi

File No. 7-5/2006-CZA (Vol.II)
Dated the 7th November 2009
CIRCULAR
Subject :  Banning elephants from zoo collections

Time and again, it has been brought to the notice of this Authority that the housekeeping of elephants in zoos leaves a lot to be desired, causing trauma to the animal. Elephant is a large mega herbivore, which is free ranging, cruising over long distances. There are very few zoos in the country, which has adequate space to permit free movement of elephants, as a result of which they are kept chained for long hours, causing stress to the animal. Further, more often than not, such captive elephants in zoos hardly breed. There are instances of zoo elephants coming in ‘Musth’ causing serious threats to visitors. The Zoo management also has tremendous financial liability for the day-to-day maintenance / housekeeping of elephants. There is very little scope for ex-situ linage in the context of zoo elephants in India.

Considering the above, the following directives are issued:

(i)                Elephants are banned from zoo collections throughout the country with immediate effect. All captive elephants in zoos should be rehabilitated in elephant camps / rehabilitation camps / facilities available with the forest department at National Parks / Wildlife Sanctuaries / Tiger Reserves for departmental use.

(ii)              The guidelines / precautions issued by this Authority for transporting zoo animals, time and again, should be strictly followed. The programme for transporting elephants should be drawn up in consultation with Chief Wildlife Warden of the State, under whose supervisory control the said process should be conducted.

(iii)            The Central Zoo Authority would bear the cost for transportation of elephants in this regards, based on a proposal through the Chief Wildlife Warden of the State.

(Dr. Rajesh Gopal)

Member Secretary

CCF Thane Circular

Office of the Chief Conservator of Forests Thane

Circular No. D-8(4)/WLP /OW/ 128/07-08, Thane 400 603, Dated 24/7/2007

The Indian Elephant is listed at S.No. 12-B in Schedule -1 of The Wildlife (Protection) Ame ndment Act 2002. This animal is brought within the limits of Mumbai Municipal Corporation, Navi Mumbai Municipal Corporation and Thane Municipal Corporation. The activities carried out by Indian Elephant is in violation of section 2(7A) read with Section 2(39), 38H, 43 and 42 of Wildlife (Protection) Amendment Act 2002.

In order to s top this violation, it is hereby prohibited to bring or keep Indian Elephant within Mumbai Municipal Corporation, Navi Mumbai Municipal Corporation and Thane Municipal Corporation without valid ownership with conditions stipulated by Forest Department of Maharashtra, Any possession with the limits of Mumbai Municipal Corporation, Navi Mumbai Municipal Corporation and Thane Municipal Corporation without ownership certificate from Forest Department, Maharashtra is treated illegal possession and action will be taken under Wildlife (Protection) Amendment Act 2002 and other related laws.

Chief Conservator of Forests
Thane