Kerala HC seeks stand of Centre, state on PIL against government order allowing declaration of elephant possession

Kochi: The Kerala High Court has sought the response of the Centre and state on a PIL challenging a government order to the extent it permits the declaration of possession of elephants or articles derived from the pachyderm.

The Public Interest Litigation filed by an NGO expressed apprehension that allowing the declaration of possession of elephants will indirectly pave the way for obtaining an ownership certificate, contravening a Supreme Court order.

A bench of justices Ziyad Rahman A A and K V Jayakumar issued notice to the Environment Ministry, Kerala government and the Animal Welfare Board of India seeking their stand on the public interest litigation (PIL) filed by an NGO, Walking Eye Foundation for Animal Advocacy.

The Thrissur-based NGO, in its plea, has contended that the March 2026 government order (GO) provides a fresh 45-day period to declare possession of animals, animal articles, or trophies, including those derived from Schedule I species, which include captive elephants.

It has been said that this violated a 2016 Supreme Court direction restraining the issuance of fresh ownership certificates in respect of elephants.

The petition has contended that the state government ought to have excluded elephants from the purview of the GO.

It has been further said that, as per the official data relating to captive elephants in Kerala, as reported by the Forest Department, the total number of captive elephants is 388, of which 39 are under the custody and management of the Forest Department, and the remaining 349 are in the possession and custody of private individuals and institutions.

"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 NGO has said in its plea.

It has also claimed that the GO, in its effect and operation, "amounts to a colourable exercise of legislative power", as it indirectly enables persons who are in illegal possession or custodianship of captive elephants, including their calves, to regularise such possession and ultimately claim ownership or recognition under the statutory framework.

The PIL has sought that the government order, to the extent it applies to elephants, be declared illegal, arbitrary, and unenforceable and be quashed.

The court has listed the matter for further hearing on June 1.