The District Collector& Chairman S.P.C.A,
Kottayam, Kerala.


Phone: 0481 2562001 /2570057
Mob: 09447029007
Fax: 0481 2303303
E-mail: [email protected]

Sir,


Sub: Assembly of a large number of elephants named ‘Pooram’ in Thirunakkara
maidan.Violation of Central Acts, Rules and Court verdicts regarding,


Ref: (1) Section 26 of P.C.A.Act 1960
(2) Performing Animals Registration Rules, 2001
(3) Wildlife Protection Act, 1972
(4) Declaration of Wildlife Stock Rules, 2003
(5) Captive Elephant Management and Maintenance Rules.2003
(6) Judgment from the Hon: High Court of Kerala in WP(c)
no.1862 of 2008(S) 14-03-‘08
(7) Govt.Circular No. 19689/F-2/2007/F&WLD dated 1-3-2008
(8) Govt: Circular No. 35346/Dev 2/08/R-D dated 23-06-2008
(9) Govt: Circular No. WLI-8081/2008 dated 15-12-2008
(10) Govt: Circular No. WLI-837/2007dated 28-04-2007


It is understood that a ‘colourful’ assembly of captive elephants is to take
place at Thirunakkara maidan Kottayam, on 23rd of March, 2010 in the name of
‘Pooram’.

I humbly remind you that the so called ‘pooram’ of elephants, if takes place
would violate the Acts, Rules, Govt circulars and Court Judgments referred
above.

As elephants, whether wild or captive, come under Schedule 1 of Wildlife
Protection Act1972 There are strict provisions for its transfer, transport,
management etc., which are nowadays freely violated by the elephant owners
and pooram organisers of Kerala.

The judgment from the Hon: High Court of Kerala referred (item 6 above)
therefore has fixed the responsibility of ensuring the implementation of
Govt: circular (item7) upon the District Collectors.

I understand that the so called ‘Pooram’of Kottayam is of recent origin and
the policy of the Govt.is to discourage such tendency and this is quite
evident from the minutes of the discussions -of various meetings held under
the Forest and Devaswom Ministers in which elephant owners also were present
-and the numerous Govt. circulars.

I earnestly solicit your immediate attention to the circular issued on
behalf of the Revenue (Devaswom) Department by State Additional Chief
Secretary of Kerala K.Jayakumar.I.A.S (item8). The circular sent to all
Devaswom temples and District collectors clearly discourages the poorams of
recent origin and gives clear and unambiguous rules for the conduct of
festivals where elephants are paraded.

The AWBI is very particular about the direction No.8 of the said circular
which clearly stipulates that only those elephants registered with the AWBI
should be allowed to parade or exhibit or perform before the public. The
said direction was issued as per the provisions in the Performing Animals
Registration Rules, 2001 under P.C.A. Act 1960.This Rule is different from
the Performing Animals Rules 1973 applicable only to animals exhibited
before the public admitted through the sale of tickets.

Let me humbly remind you that people with vested interest could try to
mislead you by saying that ‘Performing Animals Registration Rules 2001’ and
the ‘Performing Animals Rules 1973’ are the same.

To train, exhibit or perform any animal against the above Central Rules
invites punishment up to 3 months and fine up to Rs.500 or both as per
P.C.A.Act 1960.

On the basis of violations of court directions and the absence of AWBI
certificates issued by the AWBI.The Ernakulam District Collector banned the
Kakkoor Kaalayottam this year on the same ground.

The proposed ‘pooram’ if allowed to be held -as per schedule-will be a
violation of the law of the land. The Devaswom temple is duty bound to obey
the directions contained in the circular issued by the Devaswom Department.

I humbly and firmly request you not to allow such poorams which violate our
laws, add cruelty to the already tired and sick captive elephant community,
which could not withstand the strain, thirst, lack of rest during this hefty
festival season. Even the gentlest of these mammoth giants are turning
violent and causing damage to life and property everyday.

As it is nearly impossible to allow the conduct of such pompous and cruel
poorams- where more than 50 elephants stand in the scorching sun for hours,
bound by heavy chains and without water and feed- without violating the law
of the land, I request you to firmly insist on the certificates and
management conditions of the performing elephants. Those elephants not
having certificates under the Central Performing Animals Registration Rules
2001 should not be allowed to be paraded, exhibited or performed before the
public.

Some of the elephant owners have challenged this provision in the Hon: High
Court of Kerala asking for an exemption for the elephants of Kerala from the
Central Performing Animals Rules 2001, but the Hon: H.C.has not taken any
decision upon it so far.

I request you to be the guardian of the law and the poor animals in this
regard and not to give permission to conduct such poorams whoever be the
organisers behind it.


Please find attached the clarification given by the AWBI Secretary in this
regard last year.

Thanking you,
Yours faithfully,
Naresh Kadyan,
Representative of the International Organisation for Animal Protection - OIPA in India,
C-38, Rose Apartment, Prashant Vihar,
Sector-14, Rohini, DELHI - 110085.