| Registration Prior to enactment of the WPA-1972, there was no legal provision for registration of domesticated elephants. Some timber companies used to brand their elephants for identification, but it was their internal affair. In northeastern India, the British started a system (still in practice) of registration of khoonkies (trained elephants) engaged by the contractors for elephant capturing operations. This was meant to check the entry of unscrupulous elephant catchers inside the operational area. The registration comprises a certificate issued by the local Divisional Forest Officer containing details of height and other identifying marks of the elephant. In recent years, photographs of the mahout and phandi (nooser) have also been affixed on the registration papers. The registration remains valid for the period of validity of the contract and is enforceable through the clauses of the contract. In northeastern India annual grazing permits for elephants issued by the Forest Department to the owners are also sometimes regarded as an ‘identity card' for the elephant. The WPA-1972 envisages the registration of domesticated elephants by way of ownership certificates. These certificates are issued by the CWLW or the AO to the legitimate owner of the elephant after due verification. The forms for ownership certificates have been prescribed by various state governments under the Wildlife (Protection) Rules framed under Section 64 (A sample is given in Annex 3). The Act provides for the issuance of ownership certificates in the following cases (Anon, 1994): Case A: The Act stipulates that the owners of all captive animals covered under Schedules I and II (Part II) should declare the same to the CWLW or AO within 30 days from the commencement of the Act [Section 40(1)]. The Act expected the CWLW or the AO to conduct an inquiry on receipt of such declaration and affix identification marks to the animals in question (Section 41). Section 42 enabled the CWLW to issue ownership certificates for the purpose of Section 40. Most of the applications for ownership certificates for elephants are rejected on the ground that no declaration was made within the stipulated period. But the fact remains that elephants were not in Schedule I or in Schedule II (Part II) at the time of the commencement of the WPA-1972. It was included in Schedule I on 5 October 1977 and the Act contains no clear instructions as to how to deal with such late entrants. Section 40 (4) empowers the state government to require any person to declare certain items within a stipulated period. But this section does not cover captive animals. Despite this legal lacuna, some state governments have issued notifications asking owners to declare their elephants within a specified period. But not much can be achieved because of the following reasons: |
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