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A bench comprising Chief Justice DN Patel and Justice Jyoti Singh of the Delhi High Court has issued notices and sought responses from the Centre, the Delhi Government, National Zoological Park, Central Zoo Authority (CZA) and the Animal Welfare Board of India (AWBI) on a plea seeking the release and rehabilitation of African elephant Shankar who has allegedly been alone in captivity at the Delhi Zoo since the death of his partner Bombai in 2005.
The petition has been filed by 16-year-old Nikita Dhawan, founder of Youth For Animals (YFA). It is alleged that the Zimbabwean government had gifted an African elephant couple, Shankar and Bombai, to India in 1998.
However, due to an unyielding environment, Bombai passed away in 2005, and since then, Shankar is held captive alone at the Zoo here.
The plea cited a 2009 circular issued by the Central Zoo Authority (CZA) which had banned exhibition of elephants in zoos, as well as CZA guidelines prohibiting an elephant to be held in solitary captivity for over six months.
Dhawan said the lone African elephant named ‘Shankar’ is a victim of cruelty and viciousness at the hands of caretakers at the Zoo, and his present condition is nothing less than illegal imprisonment. It was also argued that keeping Shankar captive will be a violation of Article 21 of the Constitution as his mental and physical health is deteriorating day by day.
Sr. Adv. Raj Panjwani representing the petitioner, urged the High Court to direct the authorities to rehabilitate Shankar in a suitable wildlife sanctuary that houses other African elephants, and to ask the CZA to submit a rehabilitation and translocation plan for all captive elephants held in zoos across India in order to implement the 2009 circular.
Cause Title: Nikita Dhawan through next friends vs Union of India & Ors.
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