GUWAHATI: The Gauhati High Court has kept pending an interlocutory application seeking intervention over the proposed transfer of five privately owned elephants from Assam to temples in Tamil Nadu, while directing the Assam government to respond by the next date of hearing. A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury passed the order on September 17 in I.A. (Civil) No. 3325/2026, arising out of a writ petition challenging provisions of the Wild Life (Protection) Act, 1972, concerning the ownership, control, custody and possession of captive elephants.
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The main writ petition, WP(C) No. 5899/2023, challenges the validity of the proviso to Sections 40(2A) and 40(2B) of the Act, alleging that the provisions create an exceptional regime governing captive elephants and are arbitrary and violative of Article 14 of the Constitution.
During the hearing, the applicant informed the court that five elephants belonging to private individuals were shortly expected to be transported to temples in Tamil Nadu. The applicant raised concerns over the possibility of ill-treatment, citing an earlier case involving an elephant named “Joymala”, which had allegedly overstayed in Tamil Nadu.
The High Court, however, observed that there was presently no law prohibiting the transfer of elephants if the required statutory clearances had been obtained. The Bench said it found no reason, at this stage, to issue a restraint order unless it was established that the necessary clearances had not been obtained.
The court nevertheless underlined the importance of ensuring the health and welfare of captive elephants and preventing their use for unauthorised or unscrupulous purposes.
During the proceedings, Assam’s Additional Advocate General, P.N. Goswami, stated that all necessary clearances for transferring the five elephants to Tamil Nadu temples had been granted. He also assured the court that all possible care would be taken to ensure their safe transportation for religious purposes.
The court directed the Assam government to file its response to the interlocutory application by the next date. It also noted that the applicant had approached the High Powered Committee, where the matter remains pending.
Although the connected writ petition was earlier scheduled for September 24, both the writ petition and the interlocutory application have now been directed to be listed together on October 15, 2026, for consideration.