Understanding the Joymala Case

Joymala, an elephant that was leased from Assam to Tamil Nadu, became the center of a controversy when allegations of animal mistreatment emerged, leading to the violation of their rights. This case exposed the existing gaps in the system regarding private ownership of elephants in India.

Insights into the State of Elephants in India:

• As many as 96% of captive elephants lack proper documentation , particularly in states like UP, Kerala, Karnataka, Assam, and Madhya Pradesh.
• According to an RTI Act response, 694 out of 723 elephants owned by private institutions in India are without relevant documentation. This paints a grim picture of the animal rights scenario in the country.
• Data also indicates that Assam has the highest number of elephants lacking proper documentation. Out of 905 elephants, 335 do not have the requisite documents.

Learn more about Asian Elephants here.

Key Issues:

• According to the rules, buying and selling of elephants is illegal; they can only be exchanged or donated to temples between private individuals. However, under the Wildlife Protection Act, 1972 , owning elephants without proper documentation is a crime.
• Tamil Nadu enforces strict laws regarding elephant ownership. However, the lack of similar laws in other states has led to a thriving 'black market' where elephants are captured and trafficked.
• A 2020 RTI response revealed that one in every four captive elephants owned by a private individual lacks proper documentation. This highlights the rampant illegal elephant market in India.
• As per the law issued by the MoEFCC, it is illegal to keep elephants in captivity without proper documents. Violators of this rule are liable for punishment under the law.
• The northeastern states have become hubs for elephant smuggling and transportation across the country. Most of these elephants are used for begging, and when authorities attempt to intervene, they are transported to states with more lenient laws.
• A single certificate is often used to identify multiple elephants as they look similar, making it challenging to monitor and penalize the violators.

Conclusion: The illicit trade of elephants and other species thrives due to a nexus between officials and locals. Such large-scale illegal trade can disrupt the environment. Therefore, it is incumbent upon law enforcement agencies to use technology and local support to curb this illegal trade.