Omkar can be sent to Vantara subject to SC-appointed panel’s call, says HC

The Bombay high court’s Kolhapur bench has permitted the capture of Omkar the elephant and its relocation to Vantara in Gujarat’s Jamnagar, while directing that all necessary precautions be taken to ensure the 10-year-old is not harmed or traumatised during the process.The court clarified that this order is subject to the decision of the Supreme Court-appointed high-powered committee overseeing such matters. Thus, Omkar will be moved to the Radha Krishna Temple Elephant Welfare Trust in Vantara, where its welfare and training will be monitored with minimal human interference till the committee determines its permanent rehabilitation.“Forest officials shall have access to and oversee the safety and well-being of Omkar at Vantara at regular intervals,” the court stated.

“We request the high-powered committee to recommend the best course of action for the rehabilitation or release of Omkar, whether in captivity or in the wild, including the temporary relocation.”The order was passed by justices M S Karnik and Ajit B Kadethankar in response to a PIL filed by Rohit Kamble of Ratnagiri, concerning the elephant’s well-being. Its order came after hearing arguments from the petitioners (who favoured relocation to another wild area in the region) and the Maharashtra forest department (which pushed for Vantara).

The court’s order essentially backed the department’s position that the elephant cannot be immediately rehabilitated in the wild and requires training due to his “immature age” and habituation, especially after being involved in human-wildlife conflict that included a human fatality. The court also directed the appointment of a high-level committee to take the final decision regarding Omkar’s permanent placement and future course of action, while keeping the original PIL valid and ongoing.The forest department said it has become necessary to capture Omkar in view of the grave threat it posed to other animals and humans. The petitioner and the intervenor objected to the proposed translocation of Omkar to Vantara, contending that such a move would result in the elephant losing his natural instincts, which are essential for his survival in the wild. They also argued that it was not a permanent measure to avoid wild elephant-human conflict.Forest officials said that Omkar killed a 60-year-old man in April after straying from its herd and has been damaging crops and plantations in Maharashtra’s Sindhudurg district. Residents have been attempting to drive the elephant away by burning wood and setting off firecrackers. The department argued that the shifting procedure, initiated under Section 11 of The Wildlife (Protection) Act, 1972, is necessary solely in the interest of the elephant’s welfare and to mitigate further conflict.Milish Sharma, deputy conservator of forest, Sawantwadi circle, said: “We had a meeting with district administration and have also called a team from Vantara to plan and capture Omkar. It will be a temporary relocation of the animal and for future rehabilitation, we will send a proposal to the high-powered committee.”Meanwhile, following reports that Omkar is being subjected to cruelty in the border villages of Goa and Maharashtra, a citizens’ group in Banda, Maharashtra, has begun a dharna demanding police action against the miscreants and speedy relocation of the elephant. The elephant was last spotted near Wafoli village, about 4km from the Goa border.