Guwahati: The Supreme Court has reiterated that its earlier directions on verifying the ownership and identity of captive elephants, as well as regulating their transportation, must be strictly followed, amid concerns over the recent transfer of five elephants from Assam to temples in Tamil Nadu.
A bench led by Chief Justice of India Surya Kant was hearing a petition filed by People for Cattle in India (PFCI), which questioned the procedure followed in transferring the five elephants.
The Court observed that neither a High Court nor a state government can act contrary to its directions. It also noted that if a hasty exercise had been brought to its notice, it would have intervened.
Appearing for PFCI, senior advocate Meenakshi Arora submitted that the statutory framework governing the transfer of captive elephants envisages around 50 days for verification and other procedural requirements. However, Durga, a five-year-old female elephant, reached Chennai, nearly 3,000 km from Assam within nine days of the transfer request.
Arora argued that the prescribed verification, clearances and consultations could not have been completed within such a short period. She pointed out that the transfer request was made on September 4, while the elephant reached Chennai on September 13.
She also submitted that the High Court had merely directed the authorities to decide the pending application and had not ordered the elephant’s transportation within any specified timeframe.
Seeking interim protection, the counsel argued that the speed with which the clearances were granted raised questions about compliance with the statutory framework.
The bench, however, noted that all five elephants had already been transferred and indicated that their return could not be ordered at this stage.
“If it was a hasty exercise and it was brought to our notice, we would have interdicted it,” Chief Justice Surya Kant observed, referring to the Supreme Court’s earlier interventions concerning captive elephants.
The Chief Justice reiterated that the Court had consistently emphasised the need to verify the identity and ownership of captive elephants and regulate their transportation and treatment.
Referring to its earlier directions, the bench noted that it had been dealing with the issue since around 2021 and had also restrained the capture of wild elephants.
The Court permitted PFCI to withdraw its petition with liberty to file an appropriate application in the pending Supreme Court proceedings, where the organisation can place the facts and supporting documentation on record.
Arun Prasanna, founder of People for Cattle in India, welcomed the Court’s observations, saying they reinforced the need to ensure that verification of ownership, identity and transportation conditions cannot be bypassed.
“We welcome the Supreme Court’s clear message that verification of ownership, identity and transport conditions cannot be skipped. These are young elephants, and every one of them deserves a lawful process and proper care. We will place all our findings before the Court and hope this leads to stronger safeguards for captive elephants across the country and the ones who aren’t captive are set free,” he said.
Between early and mid-September 2026, five young elephants — Durga, Hiralal, Shiva, Rupsing and Bijuli, were moved from Assam to temples in Tamil Nadu.
The Supreme Court is already hearing a case concerning captive elephants (W.P. (C) 743/2014). It has directed that transfers must comply with the statutory framework, including verification of ownership and identity.
The Captive Elephant (Transfer or Transport) Rules, 2024, lay down the procedure for such transfers, including multiple stages of verification and checks before an elephant can be moved from one state to another.