13. Section 51: For any offence relating to elephants, the offender can be punished with imprisonment for a term not less than one year but extending up to six years and also with a minimum fine of five thousand rupees. The term of imprisonment can be extended up to seven years in case of offences committed by professional dealers, manufacturers and taxidermists dealing in elephants or articles made of ivory (including imported ivory) or any other product derived from elephants. As stated earlier, many Forest Acts also contain provisions for the protection of elephants in the Reserved and Protected Forests. The Indian Forest Act, 1927 (IFA-1927) regards elephants as ‘forest produce' and therefore requires a transit permit for their movement from one place to another (Section 41). Similar provisions exist for elephants in the Forest Acts in the states where the IFA- 1927 is not applicable. Domesticated elephants in India are also subject to the provisions of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) [PCA-1960]. This Act does not define ‘cruelty'. However, Section 11(1) enumerates various acts of omission and commission, which constitute cruelty to animals. Barua and Bist (1996) have listed various possible forms of cruelty to elephants that include: (a) Beating, over-riding, over-loading, torturing or otherwise subjecting any elephant to unnecessary pain or suffering; (b) wilfully and unreasonably administering any injurious substance to an elephant; (c) confining an elephant in a cage that does not permit the animal a reasonable opportunity for movement; (d) conveying or carrying an elephant in such a manner as to subject it to unnecessary suffering; (e) mutilating or killing any elephant by injecting strychnine into the heart or using any other unnecessarily cruel method; (f) not providing any elephant with sufficient food, water or shelter; and (g) inciting any elephant to fight any other animal for the purpose of entertainment. Some of the rules framed under the PCA-1960 seek to regulate such activities as may constitute cruelty to all animals including elephants. The Prevention of Cruelty to Draught and Pack Animals Rules, 1965 prohibits the use of elephants for drawing any vehicle or carrying any load for more than nine hours a day. It also prohibits the use of any spiked stick or sharp equipment for driving or riding an elephant. The Performing Animals Rules, 1973 lays down necessary procedures for registration of trainers and exhibitors of performing elephants. The Prevention of Cruelty (Capture of Animals) Rules, 1972 prohibits the capture of animals except by the ‘sack and loop' method, tranquilliser guns or any other method that renders the animal insensible to pain before capture. |
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