The Supreme Court has directed the Kerala government to take custody of Raman, the tallest elephant in the state, standing at 10.53 feet, and house it in an appropriate rehabilitation centre. The bench, comprising Justices Dipankar Datta and Satish Chandra Sharma, emphasised that the well-being of voiceless animals is of paramount importance.
Commercial Exploitation of Raman
The court noted that Raman had been subjected to commercial exploitation and used in ceremonial processions and rituals, despite an earlier order restraining such exploitation. The bench stated, "It is truly unfortunate that the elephant in question, Raman, who also happens to be the tallest elephant in the state of Kerala, has been subjected to commercial exploitation despite an order restraining such exploitation, that too on the strength of an undertaking made before this court."
Contempt Proceedings
The court found Krishnankutty, who had retained custody of Raman based on a contested will, guilty of contempt for wilfully violating an undertaking given to the apex court. A fine of Rs 2,000 was imposed on him. The top court clarified that its order giving custody of Raman is temporary and will be subject to final orders.
The bench further stated, "We would be failing in our duty towards the voiceless if we turn a blind eye towards such defiance. We cannot be a mute spectator, more so in matters pertaining to voiceless animals, whose well-being is also of paramount importance."
State's Responsibility
The court added that the state of Kerala may proceed to temporarily care for the elephant at its own expense and pass appropriate administrative orders in accordance with the statutory safeguards under the Wildlife (Protection) Act, 1972. The state authorities were discharged from contempt after noting their efforts to conduct medical inspection of the elephant.
Background of the Case
The bench was hearing a contempt petition filed by Jayakrishna Menon, who claimed that the elephant belonged to the Mata Amritanandamayi Mutt and had only been temporarily handed over to Krishnankutty for upkeep and care. Krishnankutty, however, claimed that Raman was lawfully transferred to him by virtue of gift deeds and that he had been maintaining and caring for the elephant for the last 10-12 years.
