Court of Appeal takes up case on baby tuskers Sindu and Raju

The Writ Application filed by the Animal Welfare Trust in September 2009 for relief in the forcible separation of two baby tuskers Sindu and Raju from their mothers, by offering them to the Malwatte and the Asgiriya Chapters, was taken up before the Court of Appeal recently. At the time of their removal the baby tuskers were under three years of age. Experts state that elephant calves should not be removed from the mothers until they reach at least five years of age. Early removal is said to lead to many complications both for the babies and the mothers, including violent behaviour at later stages.

The writ application was filed on the basis that the removal of Sindu and Raju at a very tender age is contrary to law and all local and international regulations. Consequent to submissions made by counsel for the Trust Attorney-at-Law Chrishmal Warnasuriya, Justice Marasinghe issued notice on the respondents to appear in court on March 1. The respondents included the Cabinet of Ministers, the Diyawadana Nilame of the Sri Dalada Maligawa and several government authorities including the Director General of the Wildlife Department and the Director of the Zoological Gardens.

Since nearly two and a half years have lapsed after filing the application, an amended prayer sought a court order directing the relevant authorities to formulate comprehensive regulations to protect Sri Lanka’s elephants, particularly as regards the manner in which elephants could be identified, captured, removed or transferred or to be gifted or donated within and outside the country.

Elephants are daily being increasingly subject to many abuses, especially removal from their habitats contrary to law and the cruel and inhumane treatment meted out to them by those responsible for their custody. Several are the instances where they have been the victims of "hakka patas" a trap which leads to an extremely painful death. Shooting elephants to recover tusks, reportedly at the behest of influential and powerful persons has become a further matter for concern.

Animal rights activists allege that Sindu and Raju too have been subject to severe cruelty since their removal from their mothers.

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