Madras HC Allows Transfer of 1,000 Crocodiles to Gujarat, Says Wild Animals are not Property of Central Government

Madras High Court Law InsiderMadras High Court Law Insider

Shashwati Chowdhury

Published on: August 14, 2022 at 16:39 IST

The transfer of 1,000 crocodiles from a rehabilitation facility in Tamil Nadu to a zoo in Jamnagar, Gujarat, was therefore deemed legal by a bench comprising of Chief Justice Munishwar Nath Bhandari and Justice N Mala.

“Wild animals are not the property of state or central governments, any organization or persons , they are the wealth of the nation and so no one can claim ownership of them. The fauna and flora are to be protected for the environmental security of the nation for future generations. The welfare of the animals should be the prime concern and the guiding light in matters concerning them,” the Bench observed.

Invoking Mahatma Gandhi, the Court reaffirmed that a country’s greatness and moral advancement can be assessed based on how its animals are treated.

In reference to a ruling by the Supreme Court in World Wide Fund-India v. Union of India, the Bench stated that courts should adopt an ecocentric approach rather than an anthropocentric one.

“The Supreme Court has held that eco-centric is life centred, nature centred where nature includes both human and non-humans. Anthropocentric on the other hand is always human interest focused. The rescue and rehabilitation of the crocodiles in issue have to be viewed from eco-centric angle…”

A Public Interest Litigation (PIL) challenging the legality of moving 1,000 crocodiles from the Madras Crocodile Bank Trust in Tamil Nadu to the Greens Zoological, Rescue and Rehabilitation Center at Jamnagar in Gujarat brought before the court.

The National Zoo Policy, 1998, the Recognition of Zoo Rules, 2009, and the Wild Life Protection Act, 1972, were all allegedly violated by the Gujarat Zoo, according to the PIL petitioner.

According to him, a private party received authorization to operate a mini-zoo in Gujarat but instead built a sizable zoo. In order to investigate the allegedly illegal transfer of the crocodiles, the petition requested an investigation by either the State CID or the Central Bureau of Investigation (CBI).

However, the authorities made it clear that all rules were fulfilled when allowing the Gujarat Zoo to function. Further emphasis was placed on the difference between the size of the Gujarat Zoo and the Chennai Rehabilitation Center, which had less capacity and had to squeeze in 1,000 extra crocodiles.

The Chennai Rehab Centre has pledged to protect the safety of the crocodiles in the Gujarat zoo, but the bench dismissed the plea because it lacks the resources to care for the extra reptiles.

“Our nation culturally has always been eco-centric. We believe in peaceful co-existence with all creatures and our love and reverence for the animal world is reflected in our religion, folklore, art and craft. From ancient times we are known to have protected, venerated and conserved wild life,” the Bench observed.

Following a review of the many legal issues raised in the case, the Court came to the conclusion that zoos run by private entities in addition to those run by the federal or state governments are permitted.

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