Syllabus
GS Paper 3 – Conservation, environmental pollution and degradation, environmental impact assessment.
Context
There are ambiguities in the Captive Elephant (Transfer or Transport) Rules that may facilitate illegal trade in elephants.
Source
The Hindu| Editorial dated 28th December 2024
Captive Elephant (Transfer or Transport) Rules
Elephants in India, revered as sacred symbols of wisdom and strength, face paradoxical treatment when held in captivity. Despite legal protections under the Wildlife (Protection) Act, 1972, elephants used for religious purposes, tourism, and entertainment endure severe mistreatment. Recent initiatives like the Captive Elephant (Transfer or Transport) Rules, 2024, highlight the need to balance conservation efforts with the humane treatment of these majestic animals. However, gaps in regulation continue to enable their exploitation.
Ambiguities in the Captive Elephant Rules, 2024
- The Captive Elephant (Transfer or Transport) Rules, 2024, aim to regulate the movement and ownership of elephants but leave critical gaps that enable misuse.
- Commercial loopholes: Owners can transfer elephants if unable to maintain them, but there is no mandate for non-commercial transactions, leading to potential economic exploitation.
- Unregulated transport: Temporary transportation lacks strict justifications, encouraging activities such as leasing elephants for religious or commercial purposes, risking their welfare.
- Economic commodification: By facilitating trade under the guise of transport, the rules contribute to the valuation of elephants as income-generating assets, undermining their conservation.
Microchip Misuse and Captive Births
- Illegal captures: Microchips intended to track captive elephants are often reused posthumously on wild-captured elephants to legalise their captivity.
- Regulatory gaps: The Rules fail to mandate removal and destruction of microchips upon an elephant’s death, leaving room for abuse.
- Birth in captivity: The recognition of calves born in captivity perpetuates the cycle of exploitation, legally classifying them as captive elephants.
- Humane alternatives: Introducing non-invasive birth control measures can break the cycle of captivity and reduce reliance on wild-captured elephants.
Trade Across States and Ineffective Enforcement
- Interstate transfers: Elephants are often transported between States for religious or commercial purposes, bypassing conservation priorities.
- Example: An elephant “gifted” to a Delhi temple from Assam illustrates how trade is disguised as a cultural exchange.
- Weak enforcement: Despite an office memorandum by Project Elephant reiterating adherence to the 2024 Rules, illegal transfers persist due to inadequate monitoring.
- Digitisation efforts: Mandating genetic profiling of captive elephants is a step forward but needs strict implementation to track and safeguard individual elephants.
Social and Ethical Dimensions
- Sacred yet exploited: Elephants are paradoxically venerated in religious practices while subjected to abuse and forced labor, revealing a cultural contradiction.
- Alternatives to live elephants: Promoting electronic or robotic elephants in temples, processions, and tourism can reduce exploitation while preserving cultural significance.
- Civil society’s role: Encouraging collaboration among temple committees, civil society organizations, and government agencies can foster better awareness and practices for elephant welfare.
Recommendations for Strengthening Regulations
- Non-commercial mandates: Amend the rules to mandate non-commercial transfers and prevent elephants from being treated as tradable assets.
- Microchip accountability: Enforce destruction of microchips in the presence of forest officials upon an elephant’s death to curb illegal captures.
- Transparency in transport: Require detailed justifications and regular audits for any interstate or intrastate movement of elephants.
- Centralised database: Establish a real-time database integrating microchip data, genetic profiles, and ownership details to improve tracking and accountability.
Conclusion
The plight of captive elephants in India underscores the need for stringent regulatory frameworks and ethical practices. While recent measures like the 2024 Rules and Project Elephant’s directives are commendable, they fall short in addressing exploitation and ensuring welfare. A paradigm shift—emphasising non-commercial ownership, humane treatment, and alternatives to live elephants—is essential to align India’s cultural reverence for elephants with their conservation and dignity.
Related PYQ
How does biodiversity vary in India? How is the Biological Diversity Act,2002 helpful in the conservation of flora and fauna? [ UPSC Civil Services Exam – Mains 2014]
Practice Question
The paradox of elephants being revered as sacred animals while also being the most exploited wild species in captivity reflects the gaps in India’s wildlife conservation policies. Critically examine the challenges and suggest measures to address the exploitation of captive elephants in India. [250 words]
Guidelines for Answering the Question
- Introduction:
- Briefly introduce the cultural significance of elephants in India and their dual status as sacred animals and exploited species.
- Body:
- Discuss the key challenges and ambiguities in the 2024 Rules and regulatory loopholes enabling commercial exploitation.
- Explain the socio-cultural and ethical contradictions in elephant use for religious and commercial purposes.
- Suggest measures to strengthen regulations to mandate non-commercial transfers and improve monitoring mechanisms.
- Conclusion:
- Emphasize the need for aligning cultural practices with conservation goals.
- Highlight the importance of safeguarding elephants’ dignity as an integral part of India’s wildlife heritage.