The Kerala High Court on Friday sought the stand of the Central and state governments on a Public Interest Litigation (PIL) challenging a government order that permits the declaration of possession of elephants.
PIL Challenges Government Order
The PIL, filed by an NGO, expressed apprehension that allowing the declaration of possession of elephants would indirectly pave the way for obtaining ownership certificates, thereby contravening a Supreme Court order. The NGO argued that such a move could undermine the legal framework protecting elephants and facilitate illegal possession.
Court's Direction
A division bench of the Kerala High Court issued notices to the Union Ministry of Environment, Forest and Climate Change, the Kerala government, and the Chief Wildlife Warden, seeking their responses within four weeks. The court directed that the matter be listed for further hearing after the replies are filed.
Background of the Case
The government order in question allows individuals to declare their possession of elephants, which the NGO claims is a step toward legitimizing ownership. The Supreme Court had earlier ruled that elephants cannot be owned or traded, and the PIL contends that the order violates this directive. The NGO further submitted that the order lacks transparency and could lead to misuse, as it does not provide adequate safeguards to verify the legality of possession.
Legal Implications
If the declaration leads to ownership certificates, it could set a precedent that conflicts with wildlife protection laws. The Kerala High Court's intervention is seen as crucial to ensure that the state's actions align with the Supreme Court's stance on elephant conservation. The case has attracted attention from animal rights activists and legal experts alike.
The court is expected to examine whether the government order infringes upon the fundamental rights of elephants and violates the Wildlife Protection Act. The next hearing is scheduled after the responses are submitted.
