The Madras High Court Wednesday sought to know from the Tamil Nadu government whether rules permitted rearing of elephants in temples.
Hearing a public interest litigation seeking to shift a temple elephant, which recently killed its mahout, to an elephant camp, justices M M Sundaresh and Satheeshkumar directed the government pleader to file a reply on October 10.
The elephant Masini, was donated by former chief minister Jayalalithaa to the famous Sri Mariamman temple in Samayapuram near Tiruchirappalli.
It asked the pleader to find out from the state forest department and Hindu Religious and Charitable Endowments department, which administers a large number of temples, if the rules permitted the temples to keep elephants.
Petitioner Antony Clement Rubin, an animal activist, moved the court seeking to shift the elephant, currently at a Veterinary Hospital and Research Institute, to the Theppakadu elephant camp in Mudumalai in Nilgiris district.
He submitted that the elephant was in the Teppakadu camp since it was three-month-old after being abandoned by its herd. It was sent to the temple about nine years later.
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He contended that the elephant had led a quality life and developed strong bond with other elephants in the camp, but after being brought to the temple it found it difficult to get accustomed to chained captivity.
The petitioner further claimed that its health condition worsened after she was shifted to Orathanadu Veterinary Hospital and Research Institute.
The ministry of environment had issued guidelines for care and management of captive elephants and prohibited acts which tantamount to cruelty.
The recent rage incident where Masini killed her own mahout clearly indicated that captive conditions had caused the elephant to be emotionally disturbed, the petitioner claimed, adding there was a threat to the lives of her mahouts and that of visitors.
Given the elephant's young age, her immediate rehabilitation was necessary to save her from permanent physical and psychological damage, he submitted.
The government pleader told the court that the condition of the elephant improved vastly and she was keeping good health in the institute.