Joymala Case [UPSC Notes]

The mistreatment of an elephant (named Jayamala or Joymala) by a private organisation raised once again the issue of animal rights violation in the country. In this context, it is important to know about the status of captive elephants in India, and also about the Joymala case for the UPSC exam. This topic comes under both polity and the environment segments of the UPSC Syllabus.

What is the Joymala Case?

Elephant Joymala was leased by Assam to Tamil Nadu. But, there was an allegation of mistreatment of animals leading to violation of their rights. This has highlighted loopholes that exist in the system over private ownership of elephants in India.

Data related to the state of elephants:  

• 96% of the elephants in captivity are without any relevant documents in the state of UP, Kerala, Karnataka, Assam and Madhya Pradesh.
• Response in the RTI Act says that 694 elephants out of 723 in India owned by private institutions are without any relevant documents. This presents a sordid picture of the prevailing law and order situation in India concerning animals.
• Data also reveals that Assam is the state having the largest number of elephants without the support of relevant documents. 335 elephants out of 905 are not backed by relevant documents.  

Read more about Asian Elephants in the linked article.

Issues:

• Rules say that, it is illegal to buy and sell  elephants; it can only be exchanged and donated to temples between private individuals. But, as per an amendment to the Wildlife Protection Act, 1972, possession of elephants without the support of relevant documents is a crime.
• Tamil Nadu is the state where strict law prevails regarding elephants and their ownership. However, the conditions in other states are not as conducive giving rise to a ‘black market’. In Tamil Nadu, elephants are captured illegally and trafficked to different parts of the state.
• A response was made against the RTI in 2020 reflecting that, at least one out of every four captive elephants held by a private individual is not endorsed by relevant documents. This indicates the large illegal market for elephants prevailing in India.
• According to law published by the MoEFCC, it is illegal to hold elephants in captivity without having the support of relevant documents. In other words, those who hold elephants without relevant documents are liable to be punished under the law.
• North eastern states have emerged as a hot hub for smuggling of the elephants and then transporting them to different parts of the country. Most of the time, these elephants are used for begging and when the enforcement agencies try to act against them, they escape to other states, where law is lenient.
• One certificate is used for establishing the identity number of elephants, since all of them appear the same, so it is difficult to establish their identity. Under this circumstance, it is difficult to monitor and punish the concerned party.

Conclusion: Illegal trade of elephants and other species flourish due to nexus between the officials and the local people. Large numbers of illegal trade in any species can cause disruption in the environment. Therefore, it is the responsibility of law enforcement agencies to take measures to curb such illegal trade in species through the use of technology and taking support of the local people. 

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