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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