RAJ PANJWANI***

*Advocate*

*339, Lawyers Chamber *

*Delhi** High Court, New Delhi –110003*

*Phone. 23381975*

*SPEED POST ON 28 FEBRUARY 2009*

To
(1) Secertary/Director of Tourism,
Department of Tourism,
Govt. of Rajasthan,
Hotel Swagatham Campus,
Near Railway Station,
Jaipur-302006.


(2) Principal Chief Conservator of Forests,
Govt. of Rajasthan,
Van Bhawan,
Near High Court of Rajasthan,
Vaniki Path,
Jaipur-302005.

(3) Chief Wildlife Warden
Govt. of Rajasthan,
Van Bhawan,
Near High Court of Rajasthan
Vaniki Path,
Jaipur-302005

*LEGAL NOTICE*

Sub: Elephant Festival Jaipur, organized by Rajasthan Tourism at Jaipur, to be held on 10th March, 2009

Sir,

I have been instructed by my client People for Ethical Treatment of Animals (PETA) to address you as under:-

1. The Department of Tourism, Government of Rajasthan has scheduled to hold on 10th March, 2009 an Elephant Festival in Jaipur, Rajasthan.

2. That an promotional release has been posted on the website of Rajasthan Tourism announcing that the elephant festival would be organised on 10th March, 2009 at Jaipur wherein events like elephant races, elephant – Polo matches and tug of war between elephants and men are to be held. A photocopy of the said promotional release downloaded from the web is attached herewith.

3. Elephant is an critically endangered species and is listed at Entry No. 12-B of Part-I of Schedule-I of the Wildlife(Protection) Act, 1972, possession of which is prohibited. Only a person who
has been granted an ownership certificate under Section 42 of the said Act
by the Chief Wildlife Warden can possess an elephant. Further, Form-II
prescribed under sub-rule 5 of rule 5 of the Wildlife (Transaction &
Taxidermy) Rules, 1973 authorizes the Chief Wildlife Warden, while issuing an ownership certificate for a wild animal, to specify the purpose for which it can be used.


4. That a S.B. Writ Petition (PIL) No. 8987 of 2006 is pending before the Hon’ble High Court of Rajasthan at Jaipur, wherein the issue of welfare and ownership of elephants in Jaipur, particularly those stationed at Amber Fort is being looked into.


5. That PETA vide application dated
28thFebruary, 2008 had applied to the Public Information Officer, PCCF
(Wildlife), Rajasthan under the RTI Act seeking the following information:-


“(i) Total number of elephant located in Jaipur – Amber City.



(ii) Number of elephants in Jaipur – Amber City
which are without ownership certificates issued under Wildlife Protection
Act, 1972.



(iii) Break-up of number of ownership certificates in
respect of elephants in Jaipur – Amber City which have been issued by the
Chief Wildlife Warden, Rajasthan and the Chief Wildlife Wardens of other
States respectively.



(iv) Name and address of the person in whose actual
possession the custody of each of the said elephant is currently with. If
the person who holds the custody is other than the owner, than in what
capacity and under whose authority the said person has been permitted to
keep in his possession the said elephant.



(v) Please supply a legible copy of the ownership
certificate of each of the elephants which are located in Jaipur – Amber
City.”



6. That the Hon’ble High Court by its order
dated 11th July, 2008 directed the PCCF (Wildlife) Rajasthan to supply the
specific information sought for in querry No. IV of the RTI Application i.e.
“If the peson who holds the custody is other than the owner, than in what
capacity and under whose authority the said person has been permitted to
keep in his possession the said elephant.”



7. That as per the information supplied under
the RTI Act there are 117 elephants including two baby elephants in Jaipur
out of which the Ownership Certificates of 41 elephants have been issued by
the Chief Wildlife Warden, Jaipur and for the balance 62, Ownership
Certificates have been issued by the respective authorities of the States
other than Rajasthan. The break of such certificates are as under:-

* *

*State Certificates*

Assam 39

Nagaland 02

Bihar 10

Maharashtra 02

Andaman & Nicobar 04

Arunachal Pradesh 03

Delhi 01

Lucknow 01

----

Total 62

----

8. That the Wildlife Department has filed an
additional affidavit dated 8th August, 2008 before the Hon’ble High Court,
wherein it has in Para No. 5 deposed that “The present deponent is not in
a position to furnish definite information, in what capacity and under
whose authority, these persons [in Jaipur] are keeping the alleged
elephants.”



9. That the Wildlife Department to the said
additional affidavit dated 08.08.2008 has also annexed as Annexure AA/R/2 a
list of 62 elephants whose ownership certificates are out of the State of
Rajasthan and whose possession is with the local residents of the State of
Rajasthan.



10. That as per Para No. 5 of the said affidavit
dated 08.08.2008 the Dy. Chief Wildlife Wardan, Jaipur has issued notices
dated 24.07.2008 to each of the said 62 pesons seeking specific information
as to how the person has acquired the possession of the said elephant.



11. That the Elephant Owners Development Society
which is a respondent in the said writ petition before Hon’ble High Court
and of which, the said 62 persons are allegedly its members in response to
the said notice sent a consolidated reply dated 28.07.2008, on behalf of the
said 62 persons, which reply is evasive and does not disclose any
information. Section 57 of the Wildlife (Protection) Act clearly mandates
that the burden of proving lawful possession of an scheduled animal is on
the person having possession of such an animal.



12. That the said 62 persons prima facie have in
voilation of the provisions of the Wildlife (Protection) Act acquired the
respective elephants which are admittedly in their possession and thereby,
have committed an offense punishable under Section 51 of the Wildlife
(Protection) Act.



13. Further, the alleged ownership certificates
issued in favour of the original owner does not permit the elephant to be
used for the purpose of events like elephant races, elephant-polo matches
and tug of war. The purpose mentioned presumably in the ownership
certificates is for logging. In cases where the purpose has not been
specifically mentioned, the owner before using the elephant for any purpose
has to approach the concerned Chief Wildlife Warden, which has issued the
ownership certificate to permit and endorse the proposed purpose for which
an elephant has been acquired.



14. That the Central Government has framed the
Performing Animals (Regulation) Rules, 2001 under Section 38 of the
Prevention of Cruelty to Animals Act, 1960. Rule 2 (h) defines “performing
animal” to mean an animal which is used at or for the purpose of any
entertainment including a film or an equine event to which the public are
admitted.” Rule 3 prohibits any person to exhibit or train any animal as a
performing animal unless it is registered under the said rules, in other
words registered with the Prescribed Authority, which is the Animal Welfare
Board of India.



15. That an elephant used for the purpose of racing
or polo or tug of war clearly falls within the ambit of the definition of
Performing Animal, and using an elephant for the said purpose is prohibited
and an offence under Section 38(3) of the Prevention of Cruelty to Animals
Act. None of the aforementioned 117 elephants which are to be used for
performance during the said elephant festival at Jaipur are registered under
the Performing Animals (Registration) Rules, 2001.



It would indeed be unfortunate, if the State which is under an obligation to
implement and enforce the laws, itself commits or promotes acts or events
which are in complete voilation of the provisions of law.



It is therefore, requested on behalf of my client that the elephants, which
do not have a valid ownership certificate under the Wildlife (Protection)
Act, 1962 or those elephants whose valid ownership certificates do not
specifically permit the elephant to be used for racing or polo or tug of
war; or those elephants which have not been registered under the Performing
Animals (Registration) Rules, are not permitted to perform or be used for
racing or polo or tug of war or for any other event or performance, during
the scheduled Jaipur Elephant Festival. My client firmly believes that the
officers of the State would uphold and implement the law, failing which,
appropriate legal consequences would necessarily follow.



* *

* *

*RAJ PANJWANI*

Advocate

CC: Secretary,

Animal Welfare Board of India

13/1, Third Seaward Raod,

Valmiki Nagar, Thiruvanmiyur,

Chennai-600 041