Assam elephants face fresh legal scrutiny after the Gauhati High Court declined to immediately stop the proposed transfer of five captive elephants to temples in Tamil Nadu. The court, however, kept the matter pending and sought the Assam government’s response.
A division bench led by Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury considered a plea by conservationist Rohit Choudhury on September 17. The petition challenges provisions of the Wild Life (Protection) Act, 1972, and raises concerns about the elephants’ welfare and transfer.
Gauhati HC declines immediate stay
The Gauhati High Court declined to issue an immediate restraint order against the proposed movement. The bench said it found no prima facie reason to stop the transfer if the authorities had obtained all required statutory clearances.
Assam’s Additional Advocate General P.N. Goswami told the court that the authorities had granted the necessary clearances. He also assured the bench that officials would take appropriate care while transporting the elephants for religious purposes.
The court did not end the proceedings, however. Instead, it kept the application pending and directed the Assam government to place its response on record before the next hearing.
Assam elephants raise legal questions
The petition challenges the proviso to Sections 40(2A) and 40(2B) of the Wild Life (Protection) Act. Choudhury has questioned the legal framework that permits certain transfers of captive elephants.
The petitioner has argued that these provisions create an exceptional regime for captive elephants and raise constitutional concerns under Article 14. The court will examine those issues as the main proceedings continue.
For now, the bench has not accepted those arguments as established findings. The legal challenge remains pending, and the court will consider the government’s position before taking the matter further.
Welfare concerns remain central
The hearing also brought elephant welfare into sharp focus. Choudhury referred to Joymala, an elephant whose continued stay in Tamil Nadu has triggered previous legal proceedings.
The Gauhati High Court noted that Assam had already approached the court over Joymala’s safe return. However, the bench said that the earlier case did not, by itself, prove that the five elephants involved in the present petition would face ill-treatment.
The court nevertheless stressed the need to protect captive elephants and maintain their health. That focus could become important as the legal challenge develops.
Five elephants linked to transfer
The five elephants named in reports about the proposed transfer are Durga, Hiralal, Shiva, Rupsing and Bijuli. Durga has already reached Tamil Nadu, while the authorities have been working on the movement of the remaining elephants, according to reports.
The proposed transfers have also attracted scrutiny outside the Gauhati High Court. Earlier in September, Choudhury approached the Supreme Court-appointed High Powered Committee and sought its intervention over the movement of the elephants.
He raised questions about their ownership records, origins and proposed destinations. Those issues form part of the separate proceedings before the committee.
The Assam government has also submitted its response affidavit before the High Powered Committee, the Gauhati High Court was told during the latest hearing.
Court sets next hearing
The Gauhati High Court has fixed October 15, 2026, for the next hearing of the writ petition and related application. The Assam government is expected to provide its detailed response before then.
The latest order therefore does not amount to final approval of the transfers. It also does not impose a court-ordered halt on the movement.
For the moment, the five Assam elephants remain at the centre of a legal dispute involving wildlife law, interstate transfers and animal welfare. The next hearing could clarify how the court approaches the constitutional challenge and the safeguards governing captive elephants.
Until then, the court will continue to examine whether the transfers meet the applicable legal requirements and whether authorities have taken adequate steps to protect the animals during and after their movement to Tamil Nadu.
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