The Supreme Court on Thursday said that those having elephants in captivity -- be it individual owners or temples -- cannot be unkind to them."Whatever you do, you can't be unkind to elephants," the bench of Justice Dipak Misra and Justice Amitava Roy told the lawyers appearing for individuals and temples having elephants in their captivity."Law is not obeyed," Justice Dipak Misra said, as one of the senior lawyers appearing for a respondent pointed to the provision of the Prevention of Cruelty to Animals Act, 1960, which provides for punishment for inflicting pain or cruelty to animals.He said: "If statutory provisions are followed, then where is the need for court's directions?"The court observation came in the course of a hearing on a batch of petitions by NGO Wildlife Rescue & Rehabilitation Centre and others.The petitioners were seeking a direction to the Centre and six state governments, including Kerala, Rajasthan and Goa, to discharge their constitutional and statutory obligations under the Wildlife (Protection) Act 1972 and the Prevention of Cruelty to Animals Act 1960 to "protect elephants in captivity effectively, and to uphold the letter and spirit of the law".
As court fixed January 19, 2017, for further hearing of the matter, a senior lawyer contested the PIL by the NGO, asking in what way their fundamental rights are affected that they moved the top court invoking its jurisdiction under Article 32 of the Constitution.Article 32 of the Constitution provides for the right to move the Supreme Court for enforcement of rights.As senior counsel V. Giri told the bench that "owners take very good care of elephants", another senior counsel wondered if elephants too have fundamental rights.Advocate Aparna Bhat appearing for the NGO said that they would address the issue in the course of the hearing.The Wildlife Rescue & Rehabilitation Centre has also urged the court to direct that the elephants, who are handicapped or quite old, should be retired mandatorily from work and the cost of maintaining these elephants should be borne by the owners or by the Rajasthan government.