The Kerala High Court has issued an interim order prohibiting the transfer of elephants from other states into Kerala due to concerns over the poor condition of captive elephants within the state.

 The Division Bench of Justice AK Jayasankaran Nambiar and Justice Gopinath P noted that between 2018 and 2024, 154 elephants had died in captivity due to inadequate care and treatment. The Court also referenced previous suo motu orders, which highlighted that the condition of captive elephants in the state remained unsatisfactory.

"The condition of captive elephants in the State of Kerala is far from satisfactory and can be even termed 'pathetic,'" the Court said.

In light of this situation, the Court suggested that the State should temporarily suspend allowing the entry of any elephants from outside Kerala.

"We feel it appropriate to injunct, until further orders, the State of Kerala and its Chief Wildlife Warden from issuing any order permitting the transfer of any elephant from outside the State into the State of Kerala under the provisions of the Captive Elephant (Transfer or Transport) Rules, 2024 or in any other manner," the Court ordered.

The Court issued the order following a petition from the Walking Eye Foundation, which sought to restrain the transfer of elephants from other states into Kerala while a case concerning elephant welfare is pending. The Court noted that Rule 7 of the Captive Elephant (Transfer or Transport) Rules, 2024 specifies that the Chief Wildlife Warden must ensure any transferred elephant has improved living conditions. However, the Court observed that the living conditions for elephants in Kerala had not been improving.

Given these circumstances, the Court decided to issue an interim order to halt any further transfers of captive elephants into Kerala. The Walking Eye Foundation was represented by Senior Advocate Dhanya P Ashokan, along with advocates MR Venugopal, S Muhammad Alikhan, and Anjana S Raj.

In a related matter, the Court recently criticized the use of captive elephants as commercial assets, noting that many are exploited for profit at festivals and ceremonial events. The Court had previously condemned the idea of using an elephant with a partially paralyzed trunk for a parade, stating that such practices do not reflect genuine concern for the welfare of elephants.