Guwahati: The Gauhati High Court has declined, for now, to restrain the transfer of five captive elephants from Assam to temples in Tamil Nadu, after the Assam government told the court that all necessary clearances had been obtained and that every possible care would be taken for their safe transportation.
A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury passed the order on Thursday (September 17) while hearing an interlocutory application filed by conservationist Rohit Choudhury in a pending writ petition concerning the legal framework governing captive elephants.
The court, however, kept the application pending and directed the Additional Advocate General of Assam to respond to it by the next date.
The order assumes significance amid controversy surrounding the transfer of five elephants from Assam to temples and religious institutions in Tamil Nadu, including five-year-old Durga, who has already reached the Meenakshi Amman Temple in Madurai after travelling nearly 3,000 km from Assam.
HC says no basis for restraint unless clearances are absent
According to the September 17 order, the applicant informed the court that five elephants belonging to private individuals were shortly to be transported to temples in Tamil Nadu.
The petitioner had raised concerns over the welfare of the elephants, referring particularly to the earlier case of Joymala, an elephant transferred to Tamil Nadu that subsequently overstayed there.
The High Court, however, observed that there was no law preventing the transfer of elephants as long as the required statutory clearances had been obtained.
“Prima facie, we find no reason, as on date, to pass any restraint order, unless it is clearly shown that necessary clearances have not been obtained,” the bench observed.
The court also took note of the fact that Assam had itself approached the High Court seeking the safe return of Joymala following the elephant’s overstay in Tamil Nadu.
Assam govt tells HC all clearances obtained
During the hearing, Assam Additional Advocate General P.N. Goswami made a statement before the court that all clearances required for transferring the five elephants to temples in Tamil Nadu had been granted.
He also assured the court that all possible care would be taken to ensure the safe transportation of the elephants for religious purposes.
The statement comes against the backdrop of questions raised over the manner in which Durga was moved from Manas National Park to Tamil Nadu earlier this month.
Northeast Now had reported that Durga, a five-year-old female elephant owned by Assam resident Punya Pegu, was transported to the Meenakshi Amman Temple in Madurai. Official communications showed that Assam had authorised a team from the State Zoo to accompany and supervise her transportation.
Court keeps welfare concerns alive
Although the High Court declined to issue an immediate restraint, it emphasised the need to protect captive elephants from possible misuse.
“Keeping in mind the importance of maintaining the health of the elephants,” the bench said it was keeping the application pending, particularly with regard to captive elephants owned by private persons being put to “unscrupulous/unauthorized use”.
The court also noted that the applicant had approached the Supreme Court-appointed High Powered Committee (HPC) over the issue and that the matter was pending consideration.
The State of Assam has also filed its response affidavit before the HPC, the court was informed.
Challenge to captive elephant ownership law pending
The September 17 proceedings are part of a larger legal challenge before the Gauhati High Court. The underlying writ petition, WP(C) No. 5899/2023, challenges the proviso to Sections 40(2A) and 40(2B) of the Wild Life (Protection) Act, 1972.
The petitioner has argued that the provisions create an exceptional regime governing the ownership, control, custody and possession of captive elephants and are arbitrary and violative of Article 14 of the Constitution. The High Court noted that the writ petition remains under consideration.
Four other elephants proposed for Tamil Nadu
Durga is one of five elephants proposed to be moved from Assam to Tamil Nadu. According to official communications reported earlier by Northeast Now, Hiralal and Shiva have been proposed for transfer to the Arunachaleswarar Temple in Tiruvannamalai, while 13-year-old Rupsing has been proposed for the Vaidyanathaswamy Temple in Mayiladuthurai. Five-year-old Bijuli has been proposed for a religious institution in Kanchipuram.
Durga has already reached the Meenakshi Amman Temple in Madurai.
The transfers have triggered questions from conservationists and animal-rights groups over the circumstances in which the elephants were surrendered, their ownership records, the purpose of their relocation, their welfare during long-distance transportation and their eventual living conditions.
The connected writ petition and the interlocutory application have now been directed to be listed together on October 15, 2026.