Kerala HC seeks stand of Centre, state on elephant possession GO

Kochi, April 25: The Kerala High Court has sought responses from the Centre and the state government on a public interest litigation (PIL) challenging a government order permitting declaration of possession of elephants and articles derived from them.

A bench of Justices Ziyad Rahman A A and K V Jayakumar issued notice to the Union Environment Ministry, the Kerala government and the Animal Welfare Board of India on the plea filed by Thrissur-based NGO Walking Eye Foundation for Animal Advocacy.

The petition questions the March 2026 government order that grants a fresh 45-day window to declare possession of animals, animal articles or trophies, including those derived from Schedule I species such as captive elephants. It contends that the provision runs contrary to a 2016 Supreme Court direction restraining issuance of fresh ownership certificates for elephants.

The NGO has argued that elephants ought to have been excluded from the scope of the order.

“It is further submitted that, among the aforesaid 349 elephants under private possession, a substantial number of elephants do not possess valid ownership certificates as contemplated under the provisions of the Wild Life (Protection) Act, 1972.

“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,” the plea said.

Citing Forest Department data, the petition states that Kerala has 388 captive elephants, of which 39 are under the department and 349 with private individuals and institutions.

The plea also alleged that the order “amounts to a colourable exercise of legislative power”, enabling persons in illegal possession or custodianship of elephants, including calves, to regularise such possession and claim ownership under the statutory framework.

The petitioner has sought to declare the government order, insofar as it applies to elephants, illegal, arbitrary and unenforceable, and to have it quashed.

The matter has been posted for further hearing on June 1.