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State of Kerala - Section

Section 12 in The Kerala Captive Elephants (Management and Maintenance) Rules, 2003

12. Acts which are tantamount to cruelty to elephants.

- The following acts shall be considered as acts of cruelty to elephant and is prohibited:-
(a)bearing, kicking, over-riding, over-driving, over-loading, torturing or treating any elephant so as to subject to it to unnecessary pain or suffering, or being an owner permitting, any elephant to be so treated;
(b)employing in any work or labour or for any purpose, any elephant, which by reason of its age or disease, informity, wound , sore or other cause, if unfit to be so employed, or being owner permitting any such elephant to be employed;
(c)wilfully and unreasonably administering any injurious drug or injurious substance to an elephant or uses drugs or intoxicants to control elephants particularly to suppress musth without proper veterinary advice;
(d)Conveying or carrying whether in or upon any vehicle or not, an elephant, in such a manner or position as to subject it to unnecessary pain or suffering or cause accident;
(e)Keeping or confining an elephant, in any cage or receptacle, which does not measure the specifications give in Rule 4;
(f)Keeping or unreasonable time, an elephant chained or tethered upon an unreasonable short or unreasonably heavy chain or cord;
(g)Using an elephant for drawing any vehicle or carrying any load, more than nine hours a day or for more than five hours continuously without a break or rest for the elephant or exposes the elephant to hot climatic conditions without ensuring enough succulent food and electrolytes;
(h)failing to provide an elephant, with sufficient food, drinking water or shelter; abandoning an elephant in circumstances, which will render it to suffer pain by reason of starvation or thirst;
(i)offering for sale any elephant which is suffering from pain by reason of mutilation, starvation, thirst, over-crowding or other ill treatment;
(j)not providing adequate veterinary care to a sick, injured or pregnant elephant;
(k)cutting the tusks of a bull elephant too short so as to expose horn cord/pulp;
(l)forcibly weaning away an elephant calf below 2 years of age from its mother;
(m)using heavy chains and hobbles with spikes or sharp edges or barbed wires for tying elephants;
(n)using "peti" (belly band) on cow elephants in advanced stage of pregnancy;
(o)using pad and Nundah of improper size on working elephant exposing its spinal cord to injuries;
(p)marching a sick, injured to or pregnant elephant or a young calf over a very long distances or for a long duration at a stretch;
(q)marching an elephant over tarred roads or otherwise, during hottest period of the day and for a long duration at a stretch without rest of religious or any other purpose;
(r)transporting elephants on trucks of inadequate size or trucks with uneven floor, or tying them in an improper manner-subjecting them to severe jerks during journey by truck;
(s)transporting elephants i trucks for over 12 hours at a stretch;
(t)transporting elephants through any conveyance without making arrangement for adequate fodder and drinking water during the journey;
(u)carrying load on an elephant without proper pad:
(v)making an elephant carry load unevenly balanced on its back;
(w)making the elephant to stand in scorching sun for long duration, or put the ceremonial gears or decoration for unreasonably long duration, or bursts crackers from or near the elephants for ceremonial purposes;
(x)using an elephant in such a manner so as t cause, any injury, over-stress or strain to the elephant for tourism purposes;
(y)using an elephant for sports and games such as tug-of-war, foot bal etc, in such a manner so as to cause over stress or strain to the elephant.
Appendix I(See Rule 8)From for Certificate of Fitness to Travel Elephants(This certificate should be completed and signed by a Veterinary Doctor)Date and Time of Examination..............................................................................................Number of Elephants..............................................................................................................Name of Elephants.............................................................................................................Age/Sex.............................................................................................................Number of Cages.............................................................................................................I here by certify that I have read Rule 8 of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003.