Kerala HC Seeks Govt Stand on PIL Challenging Elephant Possession Order

The Kerala High Court is examining a critical legal challenge to a government order concerning the possession of elephants and items derived from them. A Public Interest Litigation, filed by the NGO Walking Eye Foundation for Animal Advocacy, argues that the order, issued in March 2026, permits the declaration of possession of elephants and related articles, including those from protected species. This, the NGO contends, opens the door to obtaining ownership certificates, which directly contravenes a 2016 Supreme Court order that prohibited the issuance of new ownership certificates for elephants.

“

It has been said that this violated a 2016 Supreme Court direction restraining the issuance of fresh ownership certificates in respect of elephants.

According to the petition, the government order provides a fresh 45-day window for declaring possession, which could allow individuals holding elephants without valid ownership certificates to regularize their status. The NGO highlights that out of 388 captive elephants in Kerala, 349 are privately owned, and a significant number lack proper documentation. The plea asserts that the government order amounts to a 'colourable exercise of legislative power,' indirectly legitimizing the possession of elephants, potentially including those acquired illegally.

“

Providing a fresh opportunity to make declarations in respect of animals included in Schedule I would directly facilitate and enable the persons in possession of the aforesaid elephants without valid ownership certificates to regularise their possession and eventually obtain ownership recognition in an indirect manner.

This case underscores the ongoing tension between wildlife protection regulations and the traditional practices involving elephants in Kerala. While the state has a significant population of captive elephants, primarily used in religious festivals and cultural events, concerns about animal welfare and legal ownership have persisted. The High Court's intervention is crucial in clarifying the legal framework and ensuring compliance with Supreme Court directives, thereby safeguarding the welfare of these majestic animals. The court's decision will have significant implications for elephant ownership and management in the state.

“

It has also claimed that the GO, in its effect and operation, "amounts to a colourable exercise of legislative power", as it indirectly enables persons who are in illegal possession or custodianship of captive elephants, including their calves, to regularise such possession and ultimately claim ownership or recognition under the statutory framework.