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The domesticated Asian elephant inIndia - S.S. Bist^[8], J.V.Cheeran^[9], S.Choudhury^[10], P.Barua^[11] and M.K.Misra^[12]

Introduction

India harbours more than 50 percent of the wild elephantpopulation and about 20 percent of the captive elephant population of Asia. TheAsian elephant (Elephasmaximus) enjoys a special status in thecountry and the elephant symbolises the Indian ethos. It has been very closelyassociated with the religion, myths, history and cultural heritage of India forcenturies. Protecting and ensuring the survival of the elephant means much moreto an Indian than protecting just another endangered species. Although the tigerhas been designated as the national animal of India, for most Indians theelephant is thede facto national animal. It has been rightly said thatone cannot imagine India without the elephant (Anon., 1993).

India has a fascinating history of domesticating wildelephants. Lahiri Choudhury (1988) has traced, on the basis of rock paintings,the history of domesticated elephants in India to about 6000 B.C. Seals of theIndus Valley civilization (2500-1500 B.C.) also suggest the presence ofdomesticated elephants in India at that time. Aryans, who are believed to haveentered India about 1500 B.C., picked up the art of domesticating elephants inthe process of assimilating the culture of the country they had adopted. Ancientliterature, such as theRigVeda (1500-1000 B.C.) and theUpanishads (900-500 B.C.), which is associated with the Aryans, containmany references to trained elephants. Vedic literature also confirms that by thesixth century B.C., the taming and catching of elephants had become quite arefined art.

The earlier literature reveals that kings and senioradministrators were duly instructed about the art of handling elephants andabout various aspects of the physiology and health of the elephant. Knowledgeabout elephants was considered as a part of ‘Arthasastra', thescience of statecraft. In the Kautilya'sArthasastra (300 B.C. to 300A.D.) there is a reference to the duty of the overseer of elephants to take careof the training of elephants. It prescribes the setting up of elephantsanctuaries on the periphery of the kingdom that were to be patrolled by guards.Anyone killing an elephant within the sanctuary was to be put to death. It alsoprohibits the capturing of elephant calves, tuskless bulls or those with smalltusks, diseased elephants and cows with suckling calves. During the reign ofEmperor Ashoka (273-232 B.C.) the elephant became the symbol of Buddhism. TheAshokan edicts refer to the setting up of hospitals for the treatment ofelephants and other animals.

Various methods of capturing and training elephants wereevolved over a period of time in different geographical regions of the country.The ‘Pit Method' was popular in southern India until recently. TheKhedda(i.e. Stockade Method), with many variations, has beenprevalent in different parts of the country and has also been recorded byMegasthanese, the Greek envoy to the court of the Emperor Chandra Gupta Maurya(third century B.C.). It was introduced to the Mysore Plateau in southern Indiaby Sanderson in 1874.Mela Shikar(i.e. noosing from the back of atrained elephant) is popular in the northeastern part of the country. Sanskritliterature describes two more methods of capturing elephants: the use of femaleelephants as decoys and the use of nooses concealed on the ground. Indianexperts have also gone to other Asian countries to teach the art of capturingand training elephants.

Elephants were domesticated in the early days mostly formilitary purposes. The use of war elephants has been recorded in the militaryhistory of India, from the famous battle between Alexander the Great and KingPorus, ruler of Punjab, on the banks of the Jhelum in 326 B.C. to the war ofShakkar khera in 1724 A.D. The British put elephants to use to mobilize theirresources in northeastern India against the Japanese during the Second WorldWar. In the modern era, however, elephants have been associated with state pomp,viewed as status symbols by princes and the landed gentry, used for the greatShikar (hunting) meets, for elephant-capturing, logging operations,tourism, temple processions, circus shows and, to a limited extent, foragricultural works.

An extensive body of literature has been produced in India onthe management of domesticated elephants. The sage Palakapya (fifth or sixthcentury B.C.) is reputed to be the author ofHastiayurveda, atreatise on the medical treatment of elephants andMatanglila,which is a treatise on the physical and mental characteristics of elephants,their capture and care.Hastividyarnava, the famous Assamese treatise onthe medical treatment of elephants was authored in the 18th Century by SukumarBorkayat on instructions from the then Ahom queen. G.P. Sanderson'sThirteenyears among the wild beasts of India(1879), John Henry Steel'sA Manualof the Diseases of the Elephant and of his Management and Uses(1885), G.H.Evans'Elephants and Their Diseases (1910), A.J.W. Milroy'sA shorttreatise on the management of elephants(1922), E.O. Shebbeare'sSoondarMooni (1958) and P.D. Stracey'sElephant Gold (1963) are some of theclassics on domesticated elephants in recent times.

Wild elephants

One can very well imagine that in former times, when therewere fewer people, forests were plentiful, and hunting for commercial purposeswas negligible, Indian forests were teeming with elephants. The Moghul EmperorJehangir (1605-27) was said to have had about 113 000 captive elephants in hisempire (Lahiri Choudhury, 1988). The number of wild elephants during that periodmust have been many times greater than that. Since then, wild elephants havebecome extirpated from many states in central and northern India. Loss ofhabitat coupled with hunting and capturing have considerably reduced theelephant population in India in recent times. Elephants are now found in Indiain four non-adjoining geographical areas of the country: the northeast, theeast, the northwest and the south, totalling about 86 000 sq km.

The first ever estimate of the elephant population can perhapsbe credited to F.W. Champion who in 1938 reported a maximum number of 250elephants in the State of Uttar Pradesh (Daniel, 1998). Formal surveys andcensus surveys of wild elephants on a national scale started towards the end ofthe 1970s. The Asian Elephant Specialist Group (AESG) of the IUCN SpeciesSurvival Commission provided the first estimate of wild elephants in India in1980 as 14 800-16 455 (Daniel, 1980). The AESG provided the next estimate in1985 as 16 590-21 361 (Anon., 1985). Sukumar reported the elephant population inIndia in 1989 as between 17 635 and 24 090 (Anon., 1993). Santiapillai andJackson (1990) have cited 17 310-22 120 as the wild elephant population inIndia. Daniel (1998) has quoted the elephant population in 1993 as between 22796 and 28 346.

Detailed censuses of wild elephants have been carried out indifferent states in India between 1997 and 2000. The latest available estimatesindicate the following distribution of wild elephants: 9 401 in the northeast(Assam, Arunachal Pradesh, Meghalaya and Nagaland), 2 772 in the east (Bihar,Jharkhand and Orissa), 1 000-1 984 in the northwest (Uttar Pradesh andUttranchal) and 14 853 in the south (Andhra Pradesh, Karnataka, Kerala andTamilnadu). About 114-180 wild elephants also exist in the three northeasternStates of Manipur, Tripura and Mizoram as well as on the Andaman & NicobarIslands. Hence, the present population of wild elephants in India can be said tobe in the range of 28 140-29 190 [Details given inAnnex 1].

Apparently the wild elephant population in India has beenshowing an increasing trend. But the situation is not really promising.Significant decline in the habitat and population of elephants has been observedin the northeastern states. Even in the southern states of Kerala, Karnataka andTamilnadu, where elephants have increased in number, poaching of tuskers forivory has impaired the demographic structure of elephant populations. Theproportion of mature bulls in these states has declined, considerably disturbingthe sex ratio. In Bandipur Tiger Reserve (Karnataka) and Madumalai Sanctuary(Tamilnadu) the ratio of adult male to adult female has been reported to bebetween 1:12 to 1:15, whereas in Periyar Tiger Reserve (Kerala) this ratio hasbeen stated to be around 1:100 (Menonet al., 1997). Such abnormal sexratios do not bode well for the future growth of these populations. Elephantsare also moving to new regions on account of disturbances in their original homeranges. In fact, the elephants found in Andhra Pradesh have been migrants fromTamilnadu since 1984.

Number of domesticated elephants

Past estimates of domesticated elephants are available mostlyfor war elephants. The army of Chandra Gupta Maurya (third century B.C.) had 9000 elephants; other rulers in the Indian sub-continent at that time had atleast another 5 000 elephants between them. The great Moghul Emperor Akbar(1556-1605 A.D.) had 32 000 elephants in his stables. His son Jehangir(1605-1627 A.D.), a great connoisseur of elephants, was stated to have 113 000elephants in captivity: 12 000 in active army service, 1 000 to supply fodder tothese animals, and another 100 000 elephants to carry courtiers, officials,attendants and baggage (Lahiri Choudhury, 1988).

Jardin put the number of elephants in captivity in 1836 at 40000 (Anon, 1993). Some idea of the number of domesticated elephants can be hadfrom the data on elephant captures. Sukumar (1994) estimates that during theperiod 1868 to 1980, 30 000-50 000 elephants might have been captured throughoutthe Indian subcontinent, largely in the northeast. As many as 5 564 elephantswere captured in northeast India during 1961-79 (Lahiri Choudhury,1984).

No formal census of captive elephants has ever been attemptedin India. Although a livestock census has been conducted in various states inIndia in different years, either elephants were not covered or the informationabout them has not been analysed and tabulated properly. Some experts have,however, attempted to estimate the number of captive elephants in India. Jackson(1985) estimated the number as 2 910-3 110 including 750 for northern India, 700for southern India and 1 460-1 660 for northeastern India. Santiapillai andJackson (1990) cited a population figure of 2 260-2 760 including 500-750 fornorthern India, 300-350 for southern India and 1 460-1 660 for northeasternIndia. Lair (1997) suggests that these figures are under-estimates and thenumber of domesticated elephants in India should be not less than 4000.

A quick but fairly exhaustive survey of the status of captiveelephants was done by Project Elephant during November and December, 2000. Thehelp of knowledgeable elephant owners, NGOs, the Central Zoo Authority, theCircus Federation of India, State Forest Departments and other experts wassought for this purpose. Field visits were made to some major elephant centresin the northeast. This survey yielded a minimum figure of 3 400 captiveelephants in India. However, information about circuses as well as mendicants innorthern India does not appear to be complete. A few elephants in the south andnortheast also appear to have been missed. Hence, the present number of captiveelephants in India can be put at 3 400-3 600 including 271-300 for northernIndia, 209-240 for eastern India, 79-92 for western India, 860-920 for southernIndia, 1 903-1 970 for northeastern India and 78 for the Andaman and NicobarIslands. A breakdown by states is given inAnnex 2. This estimatecompares fairly well with the earlier estimates. The apparent increase in thenortheastern region is because of improved record-keeping and intensive survey.The decrease in the northern and eastern regions is a result of the transfer ofelephants to the south where the demand for elephants is still high.

Laws

The first codification of laws relating to elephants in Indiais found in the famous treatise on statecraftArthasastraby Kautilya,Prime Minister of Emperor Chandragupta Maurya (third century B.C.). Itstipulated the setting up of elephant sanctuaries on the periphery of thekingdoms and prescribed the death penalty for anyone killing an elephant withinthe sanctuary. The era of modern legislation was introduced in India by the EastIndia Company in the 18th century. Some of the earlier pieces of legislationconcerning elephants include: the Government Forest Act, 1865 (Act VII of 1865),the Bengal Act 2 of 1866, the Bengal Act 4 of 1866, the Bengal Regulation 5 of1873, the Madras Wild Elephant Preservation Act, 1873 (The Madras Act No.1 of1872), the Indian Forest Act, 1878 (Act VII of 1878), the Elephant PreservationAct, 1879 (Act VI of 1879), the Bengal Act 5 of 1898, the Mysore Games and FishPreservation Regulations, 1901, the Wild Birds and Animals Protection Act, 1912(Act VIII of 1912) and the Indian Forest Act, 1927 (Act XIV of 1927). The Actsof 1879, 1912 and 1927 remained the major laws for protecting elephants in mostparts of the country until 1972 (Bist & Barua, 2000).

The Wildlife (Protection) Act, 1972 (No. 53 of 1972)[WPA-1972] is at present the principal legal instrument for the protection ofwild animals in India. It is applicable all over India except in the State ofJammu and Kashmir that has a separate but similar Act. In view of Section 66(Repeal and Savings), this Act has an overriding effect over all other lawsconcerning wild fauna in India. This Act has also led to the formation ofseparate Wildlife Wings headed by a Chief Wildlife Warden (CWLW) in the statesand by a Director of Wildlife Preservation at the Centre to carry out theprovisions of the Act.

It is interesting to note that in the original WPA-1972, theIndian (Asian) elephant was included in Schedule-II (Part I) of the Act therebygranting it the status of"Special Game” that could be killed or captured onthe basis of a licence (Section 9) and commercially traded under a licence(Section 44). The domesticated elephant was included in the definition of Cattle[Section 2(6)]. Ivory was kept outside the purview of the Act. The WPA-1972 andits schedules were amended substantially in 1977, 1980, 1982, 1986 and 1991 andthe amendments have special implications for the elephant. Most of these changeswere influenced by the Convention on International Trade in Endangered Speciesof Wild Fauna and Flora (CITES) that has the Asian elephant in Appendix I. Indiabecame a party to CITES on July 20, 1976 when it became obligatory to change thedomesticated legislation and the country's import/export policy to bring itsprovisions into conformity with those of the CITES. The Indian elephant wastransferred to Schedule-I (i.e. the most protected species) on October 5 1977.The export of the Indian elephant and its ivory from India was banned in 1978.Domestic trade in the ivory of the Indian elephant was banned in November 1986.The Act recognizes a domesticated elephant both as a ‘captive animal'[Section 2(5)] and a ‘wild animal' [Section 2(36)]. The term ‘vehicle'as defined in the Act also includes the elephant [Section 2(33)].

A summary of the provisions of the Act having a bearing on theAsian elephant is given below (Bist and Barua, 2000):

1. Sections 9, 11 and 12: Hunting (which, byvirtue of Section 2, also includes capturing) of elephants is normallyprohibited. An elephant can be hunted under the orders of the CWLW if it hasbecome a danger to human life or has become diseased or disabled beyondrecovery. No elephant can, however, be hunted under this provision of the Acteven if it becomes a threat to standing crops or property. The Act also permitskilling or wounding in good faith of any elephant in defence of oneself or anyother person. The CWLW is also authorized to issue a permit for hunting anelephant, with the previous permission of the Central Government, for thepurpose of education, scientific research, scientific management or collectionof specimens for zoos recognized by the Central Zoo Authority (CZA), publicmuseums and similar institutions. Scientific management of elephants, as definedin the Act, means translocation of elephants to an alternative suitable habitat,or their population management without killing, poisoning or destroyingthem.

2. Sections 18-38: The Act makes special provisions forestablishing new Protected Areas (i.e. Sanctuaries and National Parks)for the protection of all wild fauna and flora found therein and also forregularisation of the Protected Areas set up earlier [Section 66(3)]. The Actprohibits the exploitation of all wildlife and also the destruction of habitatof any wild animal within a Sanctuary or a National Park except for the purposeof improvement and better management of the wildlife living therein. Priorapproval of the State Government is also needed for this purpose. The Actimposes suitable restrictions on trespass, and use of fire, injurious chemicals,poisons and weapons within a Sanctuary and a National Park. The Act bans grazingwithin a National Park while prior approval of the CWLW is needed for grazingwithin a Sanctuary. The Act enjoins on the CWLW to arrange for prophylacticinoculation of all livestock living within 5 km of a Sanctuary or a NationalPark against communicable diseases. All persons possessing firearms and livingwithin 10 km of a Sanctuary or a National Park are required to register with theCWLW or the Authorized Officer (AO). Boundaries of Sanctuaries and NationalParks cannot be altered without approval of the State Assembly.

3. Section 39: Any elephant captured or killed withoutapproval of the competent authority or killed by mistake or found dead, or anytrophy (cured or uncured), animal article or ivory (including imported ivory)obtained from an elephant involved in any offence under the Act is deemed to begovernment property. Any person who comes in possession of such governmentproperty is under legal obligation to inform the nearest police station or theAO within 48 hours.

4. Sections 38I and 38J: No zoo can acquire or transfer anelephant except with the previous permission of the CZA. Teasing and molestingcaptive elephants in a zoo is an offence. Recognition of Zoo Rules, 1992 framedby the Government of India under Section 63 prescribes standards and norms forkeeping captive elephants and other animals subject to which the CZA mayrecognize or refuse to recognize a zoo.

5. Sections 40 (2) and 42: No person, without writtenpermission of the CWLW or the AO, can keep an elephant in his control, custodyor possession. The CWLW may issue an ownership certificate for thispurpose.

6. Sections 40 (2) and 49: No person, without previouspermission in writing from the CWLW or the AO, can acquire or receive anelephant. No person, other than a zoo recognized by the CZA, can purchase,receive or acquire an elephant otherwise than from a person authorized under theAct.

7. Section 49B (1): No person can commence or undertakebusiness as a dealer in elephants on and after January 25, 1987.

8. Sections 43 and 49C (7): No person, who lacks a certificateof ownership, can sell or offer for sale or transfer whether by way of sale,gift or otherwise, an elephant without written permission of the CWLW or the AO.The said authorities, before granting permission, shall satisfy themselves thatthe elephant has been lawfully acquired and issue an ownership certificate tothe applicant. Transactions between zoos recognized by the CZA are exempted fromthe aforesaid restrictions.

9. Section 43 (3): No person, who lacks a certificate ofownership, can transfer or transport an elephant from one state to another statewithout prior permission in writing from the CWLW or the AO of the destinationstate.

10. Section 43 (2): A person having an ownership certificatein respect of an elephant is required to inform (within 30 days) the CWLW or theAO of the destination state when he transfers or transports an elephant from onestate to another.

11. Section 48A: No person can accept an elephant fortransportation except after exercising due care to ascertain that permissionfrom the CWLW or the AO has been obtained for such transportation.

12. Section 50: Any forest officer or any police officer ofthe rank of sub-inspector or above, or any wildlife official authorized by theState Government or the Central Government can, on the basis of reasonablesuspicion, require any person to produce for inspection any captive elephant oranimal article (including ivory articles) or trophy (cured or uncured) obtainedfrom an elephant in his control; or ownership certificate, licence or permitrequired to be kept by him under the Act. They can search any baggage, vehicle,vessel, premises or land for the aforementioned items and seize the same in caseof violation of any provision of the Act. They can also seize any trap, tool,vehicle (including an elephant), vessel or weapon used for committing theoffence. The offender may also be arrested without warrant.

13. Section 51: For any offence relating to elephants, theoffender can be punished with imprisonment for a term not less than one year butextending up to six years and also with a minimum fine of five thousand rupees.The term of imprisonment can be extended up to seven years in case of offencescommitted by professional dealers, manufacturers and taxidermists dealing inelephants or articles made of ivory (including imported ivory) or any otherproduct derived from elephants.

As stated earlier, many Forest Acts also contain provisionsfor the protection of elephants in the Reserved and Protected Forests. TheIndian Forest Act, 1927 (IFA-1927) regards elephants as ‘forest produce'and therefore requires a transit permit for their movement from one place toanother (Section 41). Similar provisions exist for elephants in the Forest Actsin the states where the IFA-1927 is not applicable.

Domesticated elephants in India are also subject to theprovisions of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960)[PCA-1960]. This Act does not define ‘cruelty'. However, Section 11(1)enumerates various acts of omission and commission, which constitute cruelty toanimals. Barua and Bist (1996) have listed various possible forms of cruelty toelephants that include: (a) Beating, over-riding, over-loading, torturing orotherwise subjecting any elephant to unnecessary pain or suffering; (b) wilfullyand unreasonably administering any injurious substance to an elephant; (c)confining an elephant in a cage that does not permit the animal a reasonableopportunity for movement; (d) conveying or carrying an elephant in such a manneras to subject it to unnecessary suffering; (e) mutilating or killing anyelephant by injecting strychnine into the heart or using any other unnecessarilycruel method; (f) not providing any elephant with sufficient food, water orshelter; and (g) inciting any elephant to fight any other animal for the purposeof entertainment. Some of the rules framed under the PCA-1960 seek to regulatesuch activities as may constitute cruelty to all animals including elephants.The Prevention of Cruelty to Draught and Pack Animals Rules, 1965 prohibits theuse of elephants for drawing any vehicle or carrying any load for more than ninehours a day. It also prohibits the use of any spiked stick or sharp equipmentfor driving or riding an elephant. The Performing Animals Rules, 1973 lays downnecessary procedures for registration of trainers and exhibitors of performingelephants. The Prevention of Cruelty (Capture of Animals) Rules, 1972 prohibitsthe capture of animals except by the ‘sack and loop' method, tranquilliserguns or any other method that renders the animal insensible to pain beforecapture.

Different sets of legal provisions exist in India to regulatethe import and export of elephants and products derived from them. TheGovernment of India announces its import/export policy from time to time andwith regard to a particular species of wildlife and this is usually influencedby its status under the WPA-1972 and the CITES. According to the existing policy(1 April, 1997 to 31 March, 2002), zoological parks, recognized scientificinstitutions, circus companies and private individuals can import elephants onthe recommendation of the CWLW subject to the provisions of the CITES.Zoological parks, in particular, are exempted from import duty under theprovisions of the Customs Tariff Act, 1975. The export of elephants, includingtheir parts and products, is prohibited. However, in exceptional circumstances,the non-commercial export of elephants is permissible for specific scientific,zoological or educational purposes on the recommendations of the Ministry ofEnvironment & Forests, Government of India. All exports and imports ofelephants are permissible only through the custom points at Delhi, Calcutta,Mumbai and Chennai and are subject to provisions of the CITES and inspection bythe wildlife authorities of the central government. Any violation of theimport/export policy is deemed to be an offence punishable under the CustomsAct, 1962.

The Indian elephant now enjoys much more legal protection thanever before. But the enforcement of the laws leaves much to be desired. Evenafter 22 years of inclusion of the Indian elephant in Schedule-I of theWPA-1972, a large number of captive elephants is still not covered by ownershipcertificates. The sale and purchase of elephants at the Sonepur fair (Bihar)takes place every year without much regard to the provisions of the Act. Reportsregarding the illegal capture of wild elephants are frequently received from thenortheastern states. The poaching of elephants for ivory has been going onunabated in different parts of the country and notorious poachers are still atlarge. Grazing continues to be a serious problem in the Protected Areas andreports of elephants dying of anthrax and other cattle-borne diseases are notuncommon. Therefore, steps to improve the efficiency of the enforcement agencies(Bist & Barua, 2000) must urgently be implemented. Major flaws in theexisting laws are as follows:

1. Some of the safeguards for the Schedule-Ianimals as envisaged in the WPA-1972 do not suit the nature of elephants and themanagement practices relevant to them. For example, of all the wild animals,elephants cause the greatest damage to crops and houses. Yet, even the knowncrop-raiders and house-breakers among the elephants cannot be captured unlessthey turn into human killers (Section 11). This causes resentment among thepublic and they, sometimes, take the law into their own hands by injuring orkilling the elephants in question. Such a situation hardly helps the cause ofelephant conservation. Similarly, although a large number of abandoned elephantcalves are routinely rescued by the forest staff and made captive, thisoperation does not have the backing of the Act.

2. Although periodic capturing of elephants has beenrecognized as a management option for containing depredation and populationcontrol, this option is seldom exercised because of the very limited scope todispose of elephants under the WPA-1972 and the export policy. The WPA-1972 isladen with too many restrictions to encourage elephant keeping in India. Thereis no evidence that trade in live elephants is in any way responsible forendangering Asian elephants, yet being in Schedule-I of the WPA-1972 andAppendix I of the CITES, they are precluded from trade.

3. The domesticated elephant was excluded from the definitionof livestock through an amendment in the WPA-1972 in 1991. This hastheoretically placed it outside the purview of the Livestock Department.Moreover, domesticated elephants are precluded from the legal requirement of theprophylactic inoculation of livestock around Protected Areas.

4. As the elephant is included in Schedule-I, offencesassociated with this animal attract maximum punishment under the WPA-1972. Aperson can get the same punishment for possessing an elephant without permissionof the CWLW as for poaching a tusker. Even minor offences relating toelephants are not compoundable. Thus, for a large number of persons who haveunwittingly violated some provision of the Act concerning captive elephants,there is no other option but to keep quiet about the violation and perhapscontinue with it.

5. Domesticated elephants are used for different types of workin India. Many of these elephants are subjected to a variety of acts of cruelty(Barua & Bist, 1996). The WPA-1972 or the rules framed under it do notprovide for the care and maintenance of captive elephants other than those inthe custody of the zoos recognized by the CZA. The provisions of the PCA-1960are generally not appropriate for elephants. It is necessary to frame exclusivestandards and norms for elephant owners and enforce the same through theWPA-1972 (Bist, 1996).

Registration

Prior to enactment of the WPA-1972, there was no legalprovision for registration of domesticated elephants. Some timber companies usedto brand their elephants for identification, but it was their internal affair.In northeastern India, the British started a system (still in practice) ofregistration ofkhoonkies (trained elephants) engaged by the contractorsfor elephant capturing operations. This was meant to check the entry ofunscrupulous elephant catchers inside the operational area. The registrationcomprises a certificate issued by the local Divisional Forest Officer containingdetails of height and other identifying marks of the elephant. In recent years,photographs of the mahout andphandi(nooser) have also been affixed onthe registration papers. The registration remains valid for the period ofvalidity of the contract and is enforceable through the clauses of the contract.In northeastern India annual grazing permits for elephants issued by the ForestDepartment to the owners are also sometimes regarded as an ‘identity card'for the elephant.

The WPA-1972 envisages the registration of domesticatedelephants by way of ownership certificates. These certificates are issued by theCWLW or the AO to the legitimate owner of the elephant after due verification.The forms for ownership certificates have been prescribed by various stategovernments under the Wildlife (Protection) Rules framed under Section 64 (Asample is given inAnnex 3). The Act provides for the issuance ofownership certificates in the following cases (Anon, 1994):

Case A:The Act stipulates that the owners of allcaptive animals covered under Schedules I and II (Part II) should declare thesame to the CWLW or AO within 30 days from the commencement of the Act [Section40(1)]. The Act expected the CWLW or the AO to conduct an inquiry on receipt ofsuch declaration and affix identification marks to the animals in question(Section 41). Section 42 enabled the CWLW to issue ownership certificates forthe purpose of Section 40. Most of the applications for ownership certificatesfor elephants are rejected on the ground that no declaration was made within thestipulated period. But the fact remains that elephants were not in Schedule I orin Schedule II (Part II) at the time of the commencement of the WPA-1972. It wasincluded in Schedule I on 5 October 1977 and the Act contains no clearinstructions as to how to deal with such late entrants. Section 40 (4) empowersthe state government to require any person to declare certain items within astipulated period. But this section does not cover captive animals. Despite thislegal lacuna, some state governments have issued notifications asking owners todeclare their elephants within a specified period. But not much can be achievedbecause of the following reasons:

1) In a vast country like India, elephants andtheir owners are scattered in remote locations and it is not always possible forthem to have knowledge of government notifications. In northeastern India, theForest Department has no presence in many areas where elephants arelocated.

2) In some states (e.g. Assam and Nagaland) Wildlife(Protection) Rules were not framed until recently and forms for submittingdeclarations and issuing ownership certificates were not prescribed.

3) Section 42 empowers only the CWLW to issue ownershipcertificates and the power has not been delegated to the local Forest Officers.Owners generally avoid going to the state capitals to meet the CWLW for fear ofharassment.

4) The fact that the Forest Department cannot take any actionagainst the defaulters has only made elephant owners grow indifferent.Conversely, most of the circus companies, vulnerable to harassment by the forestauthorities, do apply for ownership certificates.

5) Section 42 stipulates that the CWLW ‘may issue' acertificate of ownership. It suggests that the issuance of ownershipcertificates is subject to the discretion of the CWLW. Most of the CWLWs do nottake their responsibility with regard to Section 42 with the same seriousness asother provisions of the Act.

6) Many applications have been received by the CWLWs after thedate stipulated by the state government. But, the CWLWs have been under theimpression that this delay constitutes an offence under the Act. There is noprovision in the Act to condone such delays. Ironically, even a nominal offencein respect of captive elephants cannot be compounded under the Act (Section 54,proviso) and invites severe penalty involving imprisonment of the owner andforfeiture of the elephant.

Case B:Pursuant to the prohibition on commercial tradein scheduled animals [i.e. animals covered in Schedule I and Schedule II (PartII)] in 1986, ex-licensed dealers in captive elephants were required to declaretheir stocks to the CWLW or AO on or before 25 January 1987. The CWLW or the AOwere expected to conduct an inquiry and affix identification marks. Thereafter,the CWLW, with the prior approval of the Director, Wildlife Preservation,Government of India, could issue ownership certificates to the ex-dealers forelephants that they wished to retain for theirbona fide personal use.This provision of the Act has not been utilized, as there were no licenseddealers in captive elephants prior to 1987. Persons dealing without a licence incaptive elephants before 1987 continue to do so with impunity.

Case C:Immediately after inclusion in Schedule I,elephants have become subject to Section 40(2) that prohibits a person frompossessing, acquiring, disposing of and transporting a captive elephant withoutwritten permission of the CWLW or the AO. No time limit has been given to theowners for applying for permission. The Act does not state clearly that the‘written permission' will be in the form of an ownership certificate.However, the CWLW has been empowered under Section 42 to issue ownershipcertificates for the purpose of applications under Section 40 (2). But neitherthe CWLWs nor the owners have made use of this provision of the law.

Case D:An owner of a captive elephant not having anownership certificate is required to obtain prior permission of the CWLW or theAO in writing before disposing of or transporting his elephant. The Actprescribes that before granting such permission, the CWLW or the AO shouldsatisfy himself that the elephant has been lawfully acquired. Section 43(5)stipulates that the CWLW or the AO shallissue a certificate of ownershipafter such inquiry as he may deem fit and may affix an identification mark onthe elephant. This provision is superior to that of Section 42because:

1) It suits the owners who may approach the AO(usually a local Forest Officer) instead of the CWLW for an ownershipcertificate;

2) Issuance of an ownership certificate is not discretionaryfor the CWLW or the AO;

3) The CWLW and the AO have been given discretionary powers inrespect of inquiry for the purpose of ownership certificates. Hence, they neednot enter into complicated inquiries.

Case D provides a very convenient way of granting ownershipcertificates and most of the certificates at the famous elephant fair at Sonepurare issued in this way.

In conclusion, it may be said that the provisions relating toownership certificates are the most confusing and the least understood parts ofthe WPA-1972. This has resulted in a strange situation where a large number ofdomesticated elephants have neither been provided with ownership certificatesnor confiscated by the Forest Department for violation of the law. Availableinformation indicates that there are only about 1 300-1 400 domesticatedelephants with ownership certificates in India and that accounts for about 48percent of the eligible elephants. In Tamilnadu and Delhi, the percentage ofprivately owned elephants having ownership certificates is above 80 percent.Assam is reported to have issued as many as 703 (63 percent) ownershipcertificates but it is doubtful that all these certificates are in conformitywith the provisions of the WPA-1972. Circus elephants are mostly covered underownership certificates. There are many instances when Forest Officers, who feelmore comfortable with the Forest Acts than with the WPA-1972, have issuedtransit permits in lieu of ownership certificates for elephants sold by them topersons, circuses or temples.

A few more points regarding registration of elephants meritattention. The form for the ownership certificate has not been designed with theelephant in mind. Hence, it may not be possible to identify the elephant on thebasis of the scanty information given in the ownership certificate. The Act doesnot provide for periodic renewal of ownership certificates to ensure recordingof the current measurements and features of the elephant. Moreover, provisionsof the Act relating to affixing identification marks on the elephant have notbeen followed. In fact, not much thought has been given to developing aconvenient, cost effective and socially acceptable method of markingelephants.

Organizations and their major projects

State Forest Departments (SFDs) have a double role to play asregards domesticated elephants: employer and regulator. All states having wildelephants, except Mizoram and Manipur, employ captive elephants. In states likeOrissa and Madhya Pradesh, almost all the domesticated elephants belong to theSFD. In some states, SFDs also own some of the zoological parks havingelephants. By and large, the SFD elephants are properly looked after. There arerules and orders for maintenance and care of these elephants. Wildlife Wings ofthe SFDs headed by the CWLWs are responsible for enforcing the provisions of theWPA-1972 relating to domesticated elephants. Bihar Forest Department plays animportant role in organising the annual elephant fair at Sonepur. The SFD inKarnataka also helps in organising an elephant procession during the worldfamousDushera fair at Mysore. Forest staff are frequently called upon tocontrol tuskers owned by circus or private individuals when they go berserk orcome inmusth. After the ban on the commercial capture and trade inelephants, the occasional capture of wild elephants by the SFDs is the onlysource of new domesticated elephants in India.

There are three authorities in the Ministry of Environment andForests, Government of India, which deal with domesticated elephants. TheDirector of Wildlife Preservation is the highest legal authority for dischargingthe responsibilities of the central government under the WPA-1972. He is alsothe Management Authority for CITES in India. He plays a direct role inregulating the import and export of domesticated elephants and grants permissionfor capturing elephants under Section 12 of the WPA-1972. The Central ZoologicalAuthority (CZA) oversees the implementation of standards and norms relating tothe zoo elephants under the provisions of the Recognition of Zoo Rules, 1992 andalso regulates the transfer of elephants between the recognized zoos. ProjectElephant, the third agency, was established in February 1992 to undertakeconservation activities for the long-term survival of elephants in India. One ofthe objectives of Project Elephant is ‘to improve the welfare of elephantsin domestic use, including veterinary care, training of mahouts, humanetreatment of elephants, etc.'. But Project Elephant has mostly been busy inprojects relating to wild elephants and it has not done much for domesticatedelephants. Presently, it is in the process of gathering information about thestatus of domesticated elephants and their keepers. It also plans to organize aseries of training programmes for mahouts, forest officers and veterinarydoctors. It plans to utilize the services of NGOs and associations of elephantowners to facilitate registration of domesticated elephants.

The Ministry of Social Justice, Government of India and theAnimal Welfare Board of India have undertaken many initiatives to promote thewelfare of domesticated animals and to prevent cruelty to animals. The majorfocus of their activities is the circus animals. Various branches of the Societyfor Prevention of Cruelty to Animals (SPCAs) in Kerala have been particularlyactive in preventing cruelty to temple elephants.

The Indian Veterinary Research Institute (IVRI), Izzatnagarconducts a diploma course in wildlife health management for serving veterinarydoctors. The Wildlife Institute of India (WII), Dehradun conducts trainingcourses in wildlife management for forest officers. The WII has also beenrunning a collaborative programme with the U.S. Fish & Wildlife Servicesince 1995 known as the Indian Wildlife Health Co-operative (IWHC). The IWHCconsists of five veterinary colleges, one each in the east, west, north, southand central regions. Each college deals with wildlife health issues and trainingwithin its region. Two of these colleges, the College of Veterinary Science,Khanapara, Guwahati (Assam) and Madras Veterinary College, Chennai (Tamilnadu)are located in the major elephant regions in India, though they do not have anyspecial programme relating to elephants at present. Kerala AgriculturalUniversity, Trichur, organizes workshops and training programmes related to themanagement of captive elephants for veterinarians, elephant keepers and otherinterested persons.

The Elephant Welfare Organization is a prime NGO in Keraladedicated to the cause of captive elephants. It has organized some trainingcourses for the mahouts and plans to set up an exclusive hospital to provideveterinary services for domesticated elephants. The Zoo Outreach Organization inCoimbatore has been providing a valuable service by disseminating informationrelating to the management and veterinary care of captive elephants through itsjournalZoos' Print. There are associations of mahouts andphandis(noosers) in Assam, but these are not very active at present. TRAFFIC-India, aprogramme division of the WWF-India, has initiated a study of the trade incaptive elephants. But the fact remains that there are not enough NGOs workingfor the welfare of domesticated elephants.

There are no foreign funded projects relating to domesticatedelephants in India.

Work done by elephants

The survey conducted by Project Elephant in November andDecember 2000 gave the following breakdown of captive elephants in terms ofownership:

• Forest Departments= 482

• Zoos = 80

• Circuses = 106

• Temples = 192

• Private Individuals = 2540

Elephants owned by State Forest Departments (SFDs) are usedfor patrols by field staff in National Parks and Sanctuaries. They are also usedfor carrying tourists inside forests for viewing wildlife. During floods andother natural calamities, SFD elephants are sometimes requisitioned by the civilauthorities for arranging relief works. In the Andamans and Nicobar Islands,Maharashtra, Kerala and Tamilnadu, SFD elephants are occasionally used forlogging operations. Karnataka Forest Department provides elephants for theDusshera festival in Mysore. West Bengal Forest Department uses itselephants for driving away herds of wild elephants from croplands. SFD elephantsin Karnataka and Tamilnadu are also often utilized for capturing and trainingwild elephants. The use of domesticated elephants in many states isdisproportionate to the populations of wild elephants in the states. Forexample, SFDs in Orissa, Bihar (including Jharkhand) and Meghalaya possess onlytwo captive elephants each despite wild elephant populations of 1 827 618 and 1840, respectively. Even in Kerala, which has 5 737 wild elephants, the SFD hasonly 16 elephants. Manipur and Mizoram, the two northeastern states, do not haveany SFD elephants at all. West Bengal Forest Department, on the other hand,makes intensive use of domesticated elephants: it has one captive elephant forevery six wild elephants. There is obviously great scope for increasing theutilization of elephants by the SFDs, both in the elephant bearing states andelsewhere.

The zoo elephants are used only as exhibits. Their use for joyrides was discontinued because of criticism by animal welfare activists. Thereare only 27 zoos in India keeping elephants. Some of the zoos are used as rescuecentres for elephants confiscated from individuals for violation of laws, or forthe abandoned calves of wild elephants. The Government of India does notencourage the establishment of more zoos without adequate infrastructure. Thereis, therefore, not much scope to increase the number of zoo elephants.

The circus elephants are used to entertain the public. Butthey do not appear to have a promising future. Circus companies in India areconstantly struggling for their economic survival and they have to facetremendous criticism from animal welfare activists for subjecting their animals,including elephants, to unnecessary pain and cruelty. But currently, circuses inIndia are one of the biggest buyers of elephants and they are continuously onthe look out for replacements for their old elephants.

Temple elephants, with the exception of one in Punjab, are allin southern India. Although they are used for religious processions, most of theyear they remain idle. Most of the temples possess sufficient financialresources to care for their elephants, yet many of them are often criticized forexposing their elephants to stress during processions and for not payingadequate attention to their health and hygiene. There is no indication that thedemand for elephants in temples will decrease in the near future.

About 75 percent of captive elephants are owned by privateindividuals. Just three states, viz. Assam with 1 120, Kerala with 586 andArunachal Pradesh with 550, account for 89 percent of the elephants privatelyowned. Domesticated cow elephants in northeast India get better opportunities tomate with wild bulls than their counterparts elsewhere. Almost all elephants inthe northeast are used for logging operations in private or community forests orfor other works in saw mills. The Assam elephants are also used to assist in thecapture and training of wild elephants whenever the opportunity arises. With aprohibition on logging imposed by the Supreme Court of India in 1994, jobopportunities for the northeastern elephants have decreased and many elephantshave since been sold to buyers from Kerala, Bihar and Tamilnadu. But most of theelephants are still being employed in illegal logging operations in thenortheast (Barua, personal communication.). The Kerala and Tamilnadu elephantsare hired out to temples for religious ceremonies. Some of them are sometimeshired by the coffee planters in Kerala and Karnataka for logging operations.Private elephants in Jaipur (Rajasthan) are used for tourism purposes and theyare reported to be very popular with the foreign tourists. In Delhi privateelephants are in great demand for marriage processions, social functions andoccasionally in political rallies. In Bihar, Jharkhand and eastern parts ofUttar Pradesh many big landlords still keep elephants as a status symbol. Someof these elephants are also used for transporting people and material in remoteareas. Many elephants in Uttar Pradesh and Punjab are either owned or hired bymendicants who roam around different parts of the country during the harvestingor festival seasons and make a handsome living through begging.

One may expect a substantial reduction in the number ofprivately owned elephants in the northeast unless logging operations are legallyresumed. A similar reduction may be expected in Uttar Pradesh and Bihar if thelandlords no longer find it viable to maintain elephants without sufficienteconomic returns. But elsewhere in India private ownership of elephants appearsto have stabilised. There is fair scope for hoteliers and tourist organizationsto utilize domesticated elephants in well-known tourist locations in southernand western India as is the case in Rajasthan.

Veterinary care

Not all domesticated elephants in India get veterinary care.The zoo elephants and SFD elephants fare the best. All major zoos in India haveat least one full-time veterinarian. Major National Parks and Sanctuaries inIndia also have full-time veterinary doctors. But most of these veterinarydoctors are officers of the Veterinary (Livestock) Departments sent ondeputation to the Forest Departments or the zoos for a fixed period. They joinas novices, gain experience and return to their parent department beforecontributing anything meaningful. But some of the zoo doctors with longexperience with captive elephants have contributed a lot to veterinary scienceand have published papers and articles relevant to elephants. Forest authoritiesin most of the National Parks and Sanctuaries receive help from the VeterinaryDepartments in arranging the immunisation of livestock in the fringe areas - alegal requirement under the WPA-1972. In many other Protected Areas, NGOs alsoarrange veterinary support for the immunisation of livestock.

In most of the districts having captive elephants, localveterinary doctors are called upon to treat sick elephants. They are alsosummoned to help the owners to control bad tempered elephants, particularlyloose tuskers inmusth. Needless to say, most of the veterinary doctorsare not well prepared to deal with these cases. However, in States like Assamand Kerala, which have substantial populations of captive elephants, there aresome private veterinary practitioners with sufficient experience of dealing withelephants. Care of domesticated elephants is not covered in the syllabi of mostof the veterinary colleges and only a few colleges send their students forinternships in a zoo or a Protected Area having captive elephants. Two notableexceptions are Kerala Agriculture University, Trichur and the College ofVeterinary Sciences, Khanapara (Guwahati) that have research and teachingprogrammes relevant to captive elephants. Kerala Agricultural University alsoorganizes workshops and refresher courses on captive elephant management forveterinary doctors. Tranquillising equipment and good laboratories are notavailable in most district towns having elephants. This often createscomplications. There have been cases in West Bengal when the local veterinarydoctors identified anthrax as the cause of death of some elephants, but detailedlaboratory tests showed that this was not so. There also have been cases inIndia when as a result of the absence of tranquillizing guns some problematictuskers have had to be shot dead rather than simply tranquillized. In remotevillages in Bihar, Uttar Pradesh and the northeastern States, veterinary help israre and elephant keepers depend on kaviraj(practitioners of traditionalmedicine), ‘quacks' or their own knowledge. In Kerala, somekavirajare in great demand by elephant owners. Some practitioners also usehomeopathic medicines to treat sick elephants. However, the present generationof elephant owners and mahouts in India generally shows a preference for modernrather than traditional veterinary treatment.

Summary

Despite a long and glorious tradition of domesticatedelephants, there have been no systematic and conscious efforts in India tosustain this tradition. Domesticated elephants have been ignored both by thewildlife experts and the livestock experts. Most of the legal restrictions onprivate ownership of elephants were not intended, but are consequential to theinclusion of the Asiatic elephant in Schedule-I of the WPA-1972. Provisions ofthe WPA-1972, PCA-1960 and various rules made under the said Acts were neverframed with the elephant in mind and, as such, they suffer from variousinadequacies and flaws. Some restrictions like the requirement of ownershipcertificates for elephants could be utilized to improve the condition ofdomesticated elephants if the Forest Departments could enforce these provisionseffectively.

There is also an apprehension that much of the traditionalknowledge and skill available in India will be lost unless the demand for andthe utilization of domesticated elephants are kept alive. It is important tounderstand that the management of domesticated elephants is complementary tothat of wild elephants. It will be ironical if the option of capturing andutilising surplus or problematic wild elephants is given up simply because ofsome illogical provisions of the law. It makes better sense to take steps tostop the abuse of domesticated elephants rather than ban domestication. Anelephant owner should be presumed a potential conservationist unless provedotherwise. It is desirable that the energy, experience and goodwill of thousandsof elephant keepers in India is channelled into efforts designed to promote theconservation and welfare of elephants.

It is possible to utilize modern techniques and scientificknowledge to prevent unnecessary cruelty associated with the capture, trainingand handling of elephants. Demand for domesticated elephants will have to becreated and sustained by careful planning. It is also possible to give suitabletraining to elephants to prepare them for new jobs and new avenues ofemployment. At the same time, there is an acute need for a large work force oftrained mahouts and veterinarians to take proper care of the large fleet ofcaptive elephants that currently exists.

Recommendations

1. Planners and policy makers in India should acknowledge thatcapturing and domesticating wild elephants is an integral part of theirconservation and management.

2. A formal census of domesticated elephants should be carriedout in India urgently.

3. A general amnesty should be given to all elephant ownerswho have failed to apply for ownership certificates. They should be given atleast six months to obtain ownership certificates. The legal authority ofissuing ownership certificates should be delegated to the district level forestofficers. NGOs, Livestock Department and elephant owners should be involved inthe exercise. Publicity and confidence building measures should precede thedrive for registration.

4. Elephant owners should be encouraged to form associations,which can be involved in registration and other welfare, programmes forelephants and mahouts. Elephants having ownership certificates should beprovided with free periodic vaccination. The Government of India may alsoinitiate an insurance programme for registered elephants and theirmahouts.

5. The capture of wild elephants should be done only throughthe SFD agencies, but ownership of and the domestic trade in domesticatedelephants should be liberalized. Necessary amendments in the WPA-1972 should beintroduced for this purpose.

6. Ownership certificates should be suitably designed toinclude all relevant information about the elephant. Affixation of anidentification mark on the elephant should be made legally binding and a uniformsystem of marking should be adopted all over India.

7. Necessary norms and standards should be prescribed forelephant owners and enforced through the WPA-1972.

8. A review of the PCA-1960 and various rules framedthereunder should be undertaken to make them relevant to captive elephants. Ifnecessary, a separate set of rules applicable to domesticated elephants shouldbe promulgated under the PCA-1960.

9. A training programme for veterinarians posted in districtshaving wild and captive elephants should be launched. This should focus on thehealth management of elephants and on allied topics. Properly equippedlaboratories should be set up in all such districts to assist the elephant vets.In each geographical region of India, at least one veterinary college should beidentified and developed as a centre of excellence for research and training inelephant health care.

10. Suitable research should be undertaken for evolvingefficient and painless methods of training and handling elephants incaptivity.

11. Suitable training programmes should also be undertaken formahouts, elephant owners and managers to increase their professional skills andto sensitize them to the requirements of humane and scientific methods ofhandling elephants. Possibilities for setting up a training institute forelephants, mahouts and trappers, one each in the northeast and the south, shouldbe explored.

12. Forest Departments in the elephant bearing states andelsewhere should be encouraged to increase the use of elephants in work relatedto forestry and wildlife. Tourism corporations should also be encouraged toutilize domesticated elephants wherever possible. The Government of India couldundertake a scheme for supplying trained elephants for use in the National Parksand Sanctuaries in the non-elephant bearing states.

13. The traditional elephant fair at Sonepur (Bihar) should bepatronized by Project Elephant and utilized as a forum for promoting ideas andvalues about the conservation and welfare of elephants. Similar elephant fairsmay be organized in other regions in India.

14. Realizing that the international trade in live specimensof the Asian elephant is not detrimental to the survival of the species (unlikethe trade in ivory), the possibility of relaxing some provisions of CITES tofacilitate limited (i.e. quota based) export of domesticated elephants should beexamined.

References

Anon. 1985.Recommendations of the Asian ElephantSpecialist Group at Bandipur Tiger Reserve, India, 5-9 November1985.

Anon. 1993.Project Elephant. Ministry of Environmentand Forests, Government of India, New Delhi.

Anon. 1994.The Wildlife (Protection) Act, 1972 (as amendedup to 1991). Natraj Publishers, Dehradun.

Barua, Parbati & S. S. Bist. 1996. Cruelty to elephants -A legal and practical view.Zoos' Print, Vol.XI, No.6.

Bist, S. S. 1996. Standards and norms for elephant owners -Draft for comments. Zoos' Print, Vol. XI, No.6.

Bist, S.S. & Parbati Barua. 2000.Elephant laws inIndia. (Under prep.).

Daniel, J.C. 1980.The status of Asian elephants in theIndian sub-continent. IUCN/SSC Asian Elephant Specialist Group,Bombay.

Daniel, J.C. 1998.The Asian elephant - A naturalhistory. Natraj Publishers, Dehradun.

Jackson, P.F., Ed. 1985.Elephants in Asia. AESG,Bandipur, India.

Lahiri Choudhury, D.K. 1984.The plight of Indianelephants. WWF Monthly Report, March: 63-65.

Lahiri Choudhury, D.K. 1989. The Indian elephant in a changingworld.In Carla M. Borde, ed.Contemporary Indian tradition:Voices on culture, nature and the challenges of change. edited by.Washington and London: Smithsonian Institution Press.

Lair, Richard C. 1997.Gone astray. The care and managementof the Asian elephant in domesticity. FAO. Regional Office for Asia and thePacific, Bangkok, Thailand.

Menon, Vivek; R. Sukumar &Ashok Kumar. 1997.A God indistress: Threats of poaching and the ivory trade to the Asian elephant inIndia.Asian Elephant Conservation Centre, Bangalore.

Santiapillai, Charles & Peter Jackson. 1990.The Asianelephant: An action plan for its conservation.IUCN, Gland.

Sukumar, R. 1994.Elephant Days and Nights. OxfordUniversity Press, Delhi.

Annex 1. Wild elephants in India (2000)

Annex 2. Domesticated elephants in India(2000)

Distribution of elphants indomesticity (2000)

Annex 3. A sample of an OWNERSHIPCERTIFICATE^[13]

FORM 13

[See Rule 36]

Certificate of Ownership

Name

Address

It is hereby certified that Sri _________________ has underhis control, custody or possession the following animals, animal articles,trophies, uncured trophies, specified in Schedule I or Part II of Schedule II tothe Wild Life (Protection) Act, 1972.

Date:

Seal: Chief Wild Life Warden

Question and answer session

Q1: How valid are the census figures? Increases or decreasestend to mean that earlier surveys were not as good as later ones. Is this thecase in India?

A1: Later figures are better of course, but India has beendoing good censuses for some time, at least since the 1970s.

Q2: How are elephants used in agriculture?

A2: They are used to plough fields, especially in AndraPradesh.

Q3: Are elephants used for patrols in the nationalparks?

A3: Yes, for anti-poaching campaigns or in areas where otherforms of transport are not possible. The number of elephants used could easilybe doubled. Project Elephant will provide finance to purchase unemployedelephants in the areas where they will be used.

Q4: You stated that you'd like to encourage the trade in liveelephants and for more troublesome wild elephants to be captured. Don't youthink it would lead to more elephants in the wild being captured for sale, notjust troublesome elephants? Who would monitor the trade?

A4: I don't think it would be a problem because the existinglaw works well, only target elephants, i.e. troublesome elephants, arecaptured.