Writ Petition (Civil) No. 743/2014. Case: Wildlife Rescue and Rehabilitation Centre and Ors. Vs Union of India (UOI) and Ors.. Supreme Court (India)

Case NumberWrit Petition (Civil) No. 743/2014
JudgesDipak Misra and R. Banumathi , JJ.
IssueWild Life (Protection) Act, 1972 - Sections 2(5), 12, 38(I), 38(I)(1), 38(I)(2), 40, 40(1), 40(2A), 40(2B), 41, 42, 64(2); Wild Life (Protection) Amendment Act, 2002; Prevention of cruelty to Animals Act, 1960 - Sections 21, 22; Kerala Captive Elephants (Management and Maintenance) Rules, 2012 - Rules 2, 4, 6(13), 8, 9, 10, 10(4)
Citation2016 (1) SCC 716
Judgement DateAugust 18, 2015
CourtSupreme Court (India)

Order:

  1. The present IAs relate to the cruelties meted to the elephants in the State of Kerala and how they are required to be curbed.

  2. There is no cavil over the fact that the State of Kerala has number of elephants owned by private individuals. Section 40 of the Wild Life (Protection) Act, 1972 (For brevity, 'the 1972 Act') deals with declarations. The said provision reads as follows:

  3. Declarations.-- (1) Every person having at the commencement of this Act the control, custody or possession of any captive animal specified in Schedule I or Part II of Schedule II, or animal article, trophy or uncured trophy derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or Article of the foregoing description under his control, custody or possession and the place where such animal or Article is kept.

    (2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or otherwise transfer or transport any animal specified in Schedule I or Part II of Schedule II or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.

    (2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I or Part II of Schedule II, except by way of inheritance.

    (2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy Under Sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of Sections 41 and 42 shall apply as if the declaration had been made Under Sub-section (1) of Section 40:

    Provided that nothing in Sub-sections (2A) and (2B) shall apply to the live elephant.

    (3) Nothing in Sub-section (1) or Sub-section (2) shall apply to a recognised zoo subject to the provisions of Section 38I or to a public museum.

    (4)...

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