The Kolhapur bench of the Bombay High Court has permitted the Maharashtra Forest Department to capture ‘Omkar’, a wild elephant that strayed from its herd, and temporarily shift it to Vantara in Gujarat. The court stressed that the operation must be carried out with utmost care to ensure the animal is not harmed or traumatised.
A bench of Justices M S Karnik and Ajit Kadethankar passed the order last week while hearing a PIL filed by Rohit Kamble, who raised concerns about Omkar’s protection and welfare after it wandered into human habitation in Sindhudurg and Kolhapur districts.
The bench noted the forest department’s assessment that Omkar, estimated to be around 10 years old, posed risks to both human life and property, as well as to itself. The court recorded that the elephant had become aggressive and was involved in several incidents, including killing a man in Dodamarg in April.
The judges also took note of a recent “unfortunate and inhuman” incident where people hurled powerful firecrackers at the young elephant while it was bathing.
Given these circumstances, the court endorsed the department’s stand that Omkar cannot be released back into the wild at this stage, as it “would not be able to fend for itself”.
In its order, the court stated that “Vantara shall oversee the welfare and training of Omkar, with minimal human intervention”. The forest department told the court that the Radha Krishna Temple Elephant Welfare Trust (Vantara) was the only facility that had expressed willingness to accommodate and rehabilitate the elephant.
The government also submitted that the translocation is temporary. A high-powered committee appointed by the Supreme Court will later recommend a long-term plan for Omkar.
PIL petitioner Kamble argued that shifting the wild elephant outside Maharashtra, especially to a private trust, would strip it of its natural instincts. He said no law allows the transfer of wildlife to private entities and contended that Vantara mainly houses captive and bonded elephants, not free-ranging ones.
He sought Omkar’s rehabilitation at Radhanagari Wildlife Sanctuary or another natural habitat within Kolhapur district.
While permitting the capture and temporary relocation, the bench underlined the ecological significance of elephants, calling them “crucial” to sustaining the environments they inhabit. The order noted that elephants are classified as endangered in India and face mounting threats from habitat loss and human-elephant conflict.
To ensure Omkar’s welfare, the court said the animal should be kept in a herd environment to allow it to socialise with other elephants.
The bench directed the Maharashtra Forest Department to submit a proposal on Omkar’s temporary translocation as well as the long-term plan to the Supreme Court-appointed high-powered committee within three days. The committee has been asked to examine the proposal and provide its recommendations within two weeks.
