Captive Elephant (Transfer or Transport) Rules, 2024

The Ministry of Environment recently notified the Captive Elephant (Transfer or Transport) Rules, 2024 for regulations concerning the transfer and transport of captive elephants.

Existing Regulations for Transport of Elephants:

• A set of rules called liberalizes the conditions under which elephants may be transferred within or between States.
• Elephants are a Schedule 1 species according to the provisions of the Wildlife Protection Act, 1972 so they cannot captured or traded under any circumstances.
• But Section 12 of the Act allows Schedule I animals to be translocated for ‘special purposes’ such as education and scientific research.
• They can also be translocated for population management of wildlife without harming any wild animals and collection of specimens for recognized zoos/museums.
• Section 40 (2) of the WPA prohibits the acquisition, possession, and transfer of a captive elephant without the written permission of the Chief Wildlife Warden of the State.
• The 2021 amendment, allowed the transfer of elephants for ‘religious or any other purposes’.

Key Provisions of the New Rules:

• These rules provide new relaxations under which captive elephants can change owners or be transferred.
• These include situations when an owner is no longer in a position to maintain it or when a state’s Chief Wildlife Warden approves a transfer for better upkeep of the elephant.
• Before a transfer within the State, an elephant’s health has to be ratified by a veterinarian, and the Deputy Conservator of Forests shall submit habitat considerations.
• The Chief Wildlife Warden on receipt of such documents may choose to reject or approve the transfer.
• If the transfer involves moving the elephant outside of a State, similar conditions apply but involve orders from donor and recipient states.
• Before a transfer is affected, the “genetic profile” of the elephant has to be registered with the Ministry of Environment, Forest and Climate Change.
• Transportation Guidelines for Elephants includes provisions for mahouts, health certificate, quarantine rules, and regulations followed during the transportation.

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