PIL in Delhi HC alleging irregularities in setting up of privately-owned Elephant rescue centres
Sep 08, 2022
New Delhi [India], September 8 : A public interest litigation (PIL) was moved in Delhi High Court alleging the irregularities by Respondents in setting up Privately-Owned Elephant Rescue centre(s) Funded by foreign countries.
The plea stated that the Foreign Funded Rescue Centres don't confirm Section 2(39) of the Wildlife Protection Act 1972 r/w Rule 2(m)(iii) of Recognition of Zoo Rules 2009 Amended with Wildlife Protection (Amendment) Act 2013.
"Zoo, Temporary or permanent establishment u/s 2(39) of the Wildlife Protection Act 1972 can either be State, Centre, Municipal Funded," the plea stated.
The matter was taken up by the bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Thursday, the counsel appeared for that private owned NGOs of the rescue centre, and sought time to take instructions on the matter.
The court granted 4-weeks' time to the parties and adjourned the matter.
The plea alleged that these private owned rescue Centres are nearly a game reserve (Concentration Camp of Elephants) is a large area of land where wild animals are housed and are bred and hunted in a way for Sports Hunting, Wildlife Protection Act 1972 banned Sports Hunting in the Year 1972.
The plea stated that the Supreme Court of India in an order passed, had issued directions to Central Zoo Authority and says to comply with Central Zoo Authority Compliances and approval from the Apex Court to establish Zoos/Rescue Centres following 5 such establishments including Safari, Rescue Centre operated by State were permitted in 2013. Post which none of the States has obtained permission.
The plea also added that the directions came due to the tragedy in one of the Zoo in Orissa, Supreme Court of India identified the incident as one of the rarest of the rare category Case.
The petitioner Sangeeta Dogra, animal activist and social worker stated that in the present case Privately Owned and Foreign funded Rescue Centre(s) are given recognition without following due process of Justice. Private Rescue Centres to obtain foreign funds are observed to be committing cruelty to Elephants, illegally breeding animals, involved in the sale and purchase of animals to and from these Rescue Centre including trimming elephant tusks(Hunting), upon the death of elephants not disposing of animals are per the due process.
Elephants or Wild Animals, in Private Possession, is illegal, unethical, inhumane and bad in the eyes of law. By Setting up these rescue Centre's Respondent(s) are short-circuiting the due process of Justice in the judicial process, stated plea.
Petitioner alleged that, during the so-called rescue process injures, beats, punches, pokes elephants with sharp objects and by showcasing elephants' wounds they generate Foreign Donations to expand their business of illegal sale and purchase of elephants, and ivory trade. Foreign funding can be stopped anytime when found in violation of FCRA or involved in scheduled offenses under PMLA 2002. Currently, housing elephants is in contravention to section 51 r/w section 9, 39, and 40 of the Wildlife Protection Act 1972.
The petition also seeks court direction to CBI, and ED to conduct a special audit of financial-related activities of several Pvt Owned NGOs upon finding guilty confiscating and attaching their property.
