Curbing Illegal Possession Of Elephants & Cruelty To Animals

By Vositha Wijenayake –March 3, 2016 

Vositha Wijenayake

The case of elephants in Sri Lanka has come to the forefront of public discourse due to the incident involving the baby elephant which is claimed to have been abandoned at the temple of Ven. Dhammaloka Thero. While the facts remain questionable on the arrival of the elephant to the temple, the case of the unregistered elephant which was reported to be kept in Ven. Dhammaloka Thero’s temple has succeeded in bringing the attention to a much needed discussion on the plight of elephants in Sri Lanka, their ownership, and the ongoing yet not so spoken of baby elephant trade in the country.

Possession of an unregistered elephant is a punishable offence in Sri Lanka, and it is reported that since 2015, the Department of Wildlife has been able to uncover 30 cases of unregistered elephants. This article is not an attempt to analyse the truth of Ven. Dhammaloka Thero’s statements, but an attempt to help better understand the laws that exist, need to be strengthened and better implemented for the protection of animals in Sri Lanka, in this case the wild elephants illegally held in captivity.

Registering and Licensing

According to the Flora and Fauna Act 22 of 2009, possession of an elephant that is not licensed and registered is a punishable offence. The Act provides “no person shall own, have in his custody or make use of an elephant unless it is registered and unless a licence in respect of the elephant has been obtained” in accordance with the provisions of the Act. Among other requirement that fall within the duties of a custodian of an elephant that is being registered under the Act includes registering the elephant with the prescribed officer, paying a registration fee as prescribed, obtain an annual licence in respect of the elephant.

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