New captive elephants rules prescribe euthanasia, punishment for cruelty to pachyderms

New Kerala rules propose strict penalties for cruelty to elephants, including euthanasia for severely suffering animals.

Making an elephant stand under the scorching sun for a long and making it, wearing ceremonial gear or decorations for unreasonably long periods, or bursting crackers near the animals for ceremonial purposes can land one in trouble, as these acts amount to cruelty to elephants under the proposed Kerala Captive Elephants (Management and Maintenance Rules), 2023.

The Kerala government is in the process of replacing the existing rules introduced 12 years ago, with the new one, which has also proposed euthanasia for elephants which are in “such agony or pain that it is cruel to keep the said animal alive.”

An expert team consisting of at least two expert veterinarians, a member of the Society for Prevention of Cruelty to Animals, and a member of the State Animal Welfare Board shall examine the animal and suggest ways to put the captive elephant down.

Putting the animal to overstress and strain while engaging it for tourism purposes, using it for sports and games like tug of war and football and causing stress and strain and making it march over tarred roads during the hottest period of the day for a long duration at a stretch without rest for any religious and other purposes have also been made punishable offences.

The willful and unreasonable administration of drugs or substances and use of drugs or intoxicants to control elephants, especially to suppress musth, without the proper advice of a veterinary doctor would be a punishable act.

The draft rules have listed 25 acts as cruelty to elephants including the keeping of the animals chained or tethered using an unreasonably short or heavy chain or chord for unreasonable time, failing to provide it sufficient food, water and shelter, and abandoning it in circumstances that will rendered it to suffer pain because of starvation or thirst. The penalty prescribed by the rules for various acts of cruelty ranges from Rs. 5000 to 25,000.

Those who continuously violate the provisions of the Rules or the Wildlife Protection Act (WPA) with the wilful intention to injure or cause the death of the animal will be prosecuted under the WPA, according to the rules.