Bombay HC permits capture of wild elephant Omkar, temporary translocation to Gujarat's Vantara

Mumbai, Nov 17 (PTI) The Kolhapur bench of Bombay High Court has permitted the capture of 'Omkar', a wild elephant that has strayed from its herd, and its temporary translocation to Vantara in Gujarat.

A bench of Justices M S Karnik and Ajit Kadethankar, in the order passed last week, said the capture shall be done with necessary precautions to ensure Omkar is not harmed or traumatized during the operation.

"Vantara shall oversee the welfare and training of Omkar, with minimal human intervention," the HC order said.

The order was passed on a public interest litigation (PIL) filed by one Rohit Kamble raising concerns over the protection and welfare of Omkar, which after straying from its herd had entered human habitation areas.

Kamble challenged the order passed by the state forest department for translocation/rehabilitation of Omkar to Vantara arguing the place would not be suited for a wild elephant.

As per the plea, the elephant had entered Maharashtra from Karnataka as part of natural migration after which it strayed from its herd.

As per the forest department, it was necessary to capture Omkar- who was roaming in Sindhudurg and Kolhapur districts - as the elephant was posing a threat not just to itself but also 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 officials 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. PTI SP BNM