New Delhi, August 18, 2026: The Supreme Court on Tuesday directed the Union government to issue mandatory guidelines and coordinate with States to establish elephant clinics with specialised facilities for captive elephants. Owners will be required to take their elephants to these clinics for periodic health check-ups.
The Court also directed that a medical record be maintained for every captive elephant and that treatment, wherever required, be provided regularly. The directions put the health and welfare of more than 2,700 captive elephants across India at the centre of the Court's scrutiny, Bar & Bench reports.
Health Records, Clinics And Regular Treatment
A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued the directions while hearing a 2014 public interest litigation (PIL) concerning the captivity, trafficking, treatment and rehabilitation of elephants across India.
“We direct the Union of India to issue mandatory guidelines, as required, and take up the matter with the concerned States to introduce an effective and transparent mechanism regarding the establishment of elephant clinics with specialised facilities, where it shall be compulsorily prescribed for all owners of captive elephants to take the elephants for periodic check-ups. A medical record of each captive elephant shall be duly maintained and the monitoring committee shall ensure that treatment, wherever required, is provided regularly,” the Court ordered.
The directions signal that regular veterinary supervision cannot be left entirely to individual owners. By requiring medical records and periodic check-ups, the Court has sought to create a system in which the health of captive elephants can be monitored rather than addressed only when an animal becomes seriously ill.
Welfare Committee Asked To Report
Among its other key directions, the Court ordered the Captive Elephant Health Care and Welfare Committee, formed under Project Elephant and constituted by the Ministry of Environment, Forest and Climate Change (MoEFCC), to submit a report on the status of measures it has proposed for the welfare of captive elephants.
The committee must also lay down minimum standards for the housing and upkeep of elephants in captivity.
The Court sought information on the status of DNA profiling of captive elephants in India, whose number is estimated at more than 2,700.
“We direct the Ministry of Environment, Forest and Climate Change to submit a comprehensive status report explaining whether DNA profiling of all captive elephants, from those with private individuals to those in rehabilitation centres, has been completed and, if so, whether the same has been duly updated in the database,” the Court said.
DNA profiling is intended to track the movement of captive elephants and prevent their illegal transfer.
Over 1,600 Elephants With Private Individuals
The Court noted that 1,678 captive elephants are currently with private individuals, 47 with circuses, 96 with temples, 786 with Forest Departments, 63 with zoos and 358 with rehabilitation centres.
The figures underline the scale of the monitoring challenge, with captive elephants spread across private ownership, religious institutions, government departments, zoos and rehabilitation facilities.
The Court made it clear that, for now, its focus is on the well-being of captive elephants rather than their ownership.
During the hearing, Senior Advocate Aparna Bhat, appearing for the petitioner, raised concerns over continuing instances of cruelty against captive elephants. She urged the Court to issue strong directions to ensure that no new elephants are brought into captivity.
Temple Elephants Come Under Focus
Senior Advocate K Parameshwar, representing a temple association and an elephant owners' association from Kerala, urged the Court to distinguish between temple elephants and other captive elephants.
“Temple-owned elephants are not the same as circus elephants. I am not saying that every captive elephant in Kerala is maintained up to the required standard. But the entirety of temple elephants in Kerala cannot be painted with a broad brush. This is an extremely sensitive issue so far as Kerala is concerned,” Parameshwar said.
The Court clarified that it would presently focus on whether existing captive elephants are being properly cared for, whether in temples or elsewhere. It said it would not, at this stage, examine whether temples can own and use elephants.
“We are not going into whether a temple can possess an elephant. We are not going into any personal rights or religious rights. What we need to do is harmoniously deal with religious rights and the other laws operating in the field. Let us say that in a temple, an elephant is used for a religious procession. Its use must be regulated in terms of hours,” Justice Bagchi said.
The observation draws a distinction between the question of ownership and the immediate responsibility to ensure an elephant's welfare. It also indicates that religious use does not remove the need for regulation when an animal's health is involved.
‘We Are Looking Strictly At Cruelty’
Bhat clarified that the petitioner was not seeking to give the case a religious dimension and was concerned only with preventing cruelty to elephants.
“We have nothing against any religious practice. If you go to the Dussehra festivals, entire communities participate. The question is what is to be done with these elephants. They cannot simply be sent back into the wild after 60 or 70 years. Most of these elephants are 50 or 60 years old. They cannot simply be sent to rehabilitation centres either, because they may ultimately end up in the hands of one private rehabilitation facility. I want to make it clear that we do not want to give this a religious slant. It is unfortunate that this is being brought into the matter. We are looking strictly at cruelty,” she said.
The Court agreed that elephants that have spent much of their lives in captivity may not be capable of being released into the wild.
“These elephants may no longer be capable of surviving there (in the wild). Most of them have never been in such an environment,” the Bench observed.
Chief Justice Kant, however, said the ownership of captive elephants continued to raise concerns. He asked whether a mechanism could be established to track those who hold captive elephants and determine whether the animals are being properly looked after.
Government To Detail Monitoring Mechanisms
Additional Solicitor General Aishwarya Bhati, representing the Central government, said she would place details of the available monitoring mechanisms on record.
Towards the end of the hearing, Bhat also raised concerns about the sources from which captive elephants are procured.
“It (a report) says 80% are of unknown origin and 25% are wild-caught. The government should indicate how many prosecutions under the Wildlife Protection Act have been launched in relation to this 25%,” she said.
“Many elephants are also found abandoned or injured in the wild. There are district-level committees supervising these elephants,” Bhati replied.
The figures cited during the hearing also raise questions that will require closer scrutiny, particularly about how captive elephants are sourced and whether existing legal safeguards against illegal capture and transfer are being effectively enforced.
‘You Worship The Elephant. Take Care Of The Elephant’
The hearing concluded with a pointed exchange between the Court and the lawyers representing the associations.
“You worship the elephant. Take care of the elephant,” the Court remarked.
“We are servants of the deity. We respect our God,” Parameshwar said.
“This is why we are saying that your submissions should have reflection in real life,” the Court responded.
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The exchange captured the central concern running through the hearing: irrespective of questions surrounding ownership, religious practice or the circumstances in which elephants came into captivity, their health and humane treatment must remain the immediate priority.
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