Joymala’s case throws light on trafficking of elephants from Northeast

Kerala, Uttar Pradesh, Karnataka, Assam, Tripura and Madhya Pradesh account for 96% of elephants in captivity without ownership certificates

The ongoing dispute between the Governments of Tamil Nadu and Assam over the alleged mistreatment of a temple elephant named Joymala, has brought into focus the prevailing lacunae over private ownership of elephants in India. Joymala, who was leased by Assam to Tamil Nadu, is in the news after animal rights organisations alleged the elephant was being mistreated. Legal battles are underway at the High Courts of Madras and Gauhati, with both States making contrasting claims.

While Tamil Nadu is one of the States to have strict controls governing the private ownership of elephants, the lack of law enforcement in certain other States has led to a thriving “black market” in which elephants are captured illegally and trafficked to different places, allege activists and conservationists.

A response in 2020 from the Project Elephant Division of the Ministry of Environment, Forests and Climate Change (MoEFCC) to an application filed under the Right to Information (RTI) Act showed that the ownership of at least one out of every four captive elephants held by private individuals was not supported by the relevant documentation. The MoEFCC has clarified that it’s illegal to hold elephants in captivity without ownership certificates.

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While Tamil Nadu reportedly has only one elephant without an ownership certificate, Kerala, Uttar Pradesh, Karnataka, Assam, Tripura and Madhya Pradesh account for 96% of elephants in captivity without ownership certificates. “As per the RTI Act response, 694 out of 723 elephants in India that are privately owned and without documentation are in these States,” Antony Rubin, an animal welfare activist, said.

Activists allege that many elephants without documents have been captured in Assam, Tripura and other northeastern States. They are sold at elephant markets, from where individuals traffic them illegally to other States. Arunachal Pradesh, which has 109 elephants in captivity, has not released any data on whether these elephants have ownership certificates. Data also shows that Assam is home to the highest number of elephants without any ownership certificates, with 335 out of 905 captive elephants not having any documents to prove ownership.

Mr. Rubin said it was illegal to buy or sell elephants in India. Rules only allow for elephants to be exchanged or donated to temples or between private individuals. However, without an ownership certificate, the keeping of any elephant in captivity by a private individual is illegal, as per the new amendments to the Wildlife Prevention Act.