The Kolhapur bench of the Bombay High Court has permitted the capture of Omkar, a wild elephant separated from its herd, and its temporary translocation to Vantara in Gujarat.
A bench of Justices M S Karnik and Ajit Kadethankar said the capture must be carried out with precautions so the animal is not harmed or traumatised.
“Vantara shall oversee the welfare and training of Omkar, with minimal human intervention,” the order said.
The decision came on a public interest litigation by Rohit Kamble, who argued that Vantara was unsuitable for a wild elephant.
The plea said Omkar had entered Maharashtra from Karnataka during natural migration and later strayed into human habitation.
According to the forest department, Omkar’s capture was necessary because the elephant, moving through Sindhudurg and Kolhapur districts, posed risks to itself and to human life and property.
The department further said only Radha Krishna Temple Elephant Welfare Trust (Vantara) in Gujarat has expressed willingness to accommodate Omkar and to provide it shelter, training and rehabilitation.
As per the department, this translocation would be temporary and a Supreme Court set up high powered committee would submit its recommendation on the long term plan for Omkar.
Petitioner Kamble, however, opposed this and said shifting the elephant from Maharashtra to Gujarat would result in him losing his natural instincts.
Kamble further submitted that no law in the country permits wildlife to be handed over/transferred to any private entity as proposed by the forest department in Omkar's case.
Kamble contended that Vantara is majorly sheltering captive and bonded elephants and not wild elephants.
The petition sought for the elephant to be rehabilitated at Radhanagari Wildlife Sanctuary in Kolhapur or any other such natural habitat near Kolhapur.
The court, in its order, noted that there have been several instances of damage caused by Omkar, adding it became aggressive and killed a man in Dodamarg in Sindhudurg district in April.
As per the forest department, Omkar was around 10 years old and, hence, it would not be feasible to release it in the wild since it would not be able to fend for itself.
The court also noted that in November, an "unfortunate and inhuman" incident occurred wherein certain persons hurled powerful fire crackers at Omkar while it was bathing.
Elephants play a crucial ecological role and their activities shape and sustain the environments they inhabit, the HC said.
"Elephants are officialy classified as endangered in India, reflecting the serious threats they face. Elephant population in India is under constant pressure from habitat loss, fragmentation, and human-elephant conflict. It thus becomes crucial to protect the elephant species to ensure the sustenance and balance of the forest ecology," the HC said.
The court noted that considering Omkar's age it is required to keep it in a herd and socialize with other elephants.
It added that as per the forest department, the translocation of Omkar to Vantara would be temporary and that a final decision on its long-term management would be taken based on the recommendation of a high-powered committee.
The bench directed the state forest department to submit a proposal regarding the temporary translocation of Omkar and also the long term plan to the committee within three days.
The committee shall examine the issue and make necessary recommendations within two weeks.