India must revisit the animal welfare framework in its zoos

The move by the World Association of Zoos and Aquariums (WAZA) to suspend the membership of the Delhi’s National Zoological Park (originally the Delhi zoo) has sparked much debate on the animal welfare framework in Indian zoos. On October 7, WAZA notified suspension of the Delhi zoo’s WAZA membership, effective from October 8, 2024, with the possibility of cancellation if the conditions laid down by WAZA in the said notification are not fulfilled by the zoo by April 7, 2025.

The decision has evoked shock but also relief as the Delhi zoo’s 29-year-old African male elephant, Shankar, which was given to India as a diplomatic gift by Zimbabwe in 1998, has been consistently neglected. Shankar had a female companion which passed away in 2005 and was never replaced. The male elephant exhibits maladaptive behaviour. This situation is problematic as elephants are extremely social animals forming complex relationships. WAZA was made aware of the elephant’s plight through numerous complaints. A team from WAZA also visited the zoo on March 18, 2024, which showed the elephant to be in a poor physical and mental state. It was found to be tethered by a chain in a solitary enclosure without the normal stimulants or the immersive environment found in the wild which keep elephants content and healthy.

The WAZA team thereafter urged the Delhi zoo to take note of the elephant’s plight and act within the next 15 days to end the animal’s suffering in line with WAZA’s Animal Welfare Strategy which specifies the ‘Five Domains Animal Welfare Model’. Nothing substantial was ever done, compelling WAZA to indefinitely suspend the Delhi zoo’s WAZA membership. But this suspension has been made subject to two conditions: either get the animal relocated or address its health concerns by April 7, 2025. The deplorable condition of the elephant goes against every ideal of WAZA carved out through its science-based knowledge in animal care and welfare, environmental education and global conservation, since its inception in 1935, with the aim of guiding zoos and aquariums across the world and ensuring animal welfare and conservation.

Plight of other elephants

Delhi zoo also has two Asian elephants — a male and a female. It is hard to ignore the mental distress that these Asian elephants exhibit through their incessant ‘head-bobbing’, which is a classic sign of mental distress in elephants. The elephants are also in an enclosure with insufficient area. It is agonising to see them in distress. Studies suggest that on average, a wild elephants, under non-extreme environmental conditions, walk for up to 10 kilometres a day. They also forage in a forest for up to 19 hours a day during which they undertake a range of behaviours that are regarded as essential for their survival.

It appears that it was the poor nutrition, unsuitable environment and poor physical health of Shankar which compelled WAZA to act against the Delhi zoo. Notably, these are also problems which affect the two Asian elephants causing them to lose motivation to undertake survival-related behaviours. The situation at the Delhi zoo is an outright violation of global standards in the maintenance of zoos and its animals in other countries such as the United Kingdom and Ireland. The British and Irish Association of Zoos and Aquariums (BIAZA), in its ‘Management Guidelines for the Welfare of Elephants’, states that zoos must ensure that the standards of husbandry practices, housing, health and welfare management of elephants are humane, appropriate and in line with their intelligence, social behaviour and longevity.

The Department for Environment, Food and Rural Affairs (DEFRA) of the United Kingdom, in its ‘Standards of Modern Zoo Practice’, acknowledges that as elephants are highly-intelligent animals with large natural ranges and a complex social life, meeting their needs in captivity is challenging. It further states in paragraph 8.8.4 that elephants have to be kept in stable, female groups with matriarchal herds being the norm and that even the non-productive, older or problem elephants have to be kept in groups considering their indispensable need to socialise. In paragraph 8.8.6, it further states that even the bull elephants in musth, if separated from cows or other bulls, cannot be subjected to prolonged physical or social isolation from other elephants. But the Delhi zoo has kept Shankar in social isolation for a very long time. Pertinently, in paragraph 8.8.5, it states that female elephants must have contact with other female elephants at all times and shall ideally be part of a group of at least four female elephants that are over two years old. The female Asian elephant has not had any female company for a very long time. Thus, the zoo is violating every single one of these global standards despite being the object of international censure.

CZA is remiss in statutory duties

It is hard to believe that the Central Zoo Authority (CZA), constituted under the Wildlife (Protection) Act, 1972, has not been aware of the rampant violations of law at the zoo, being the nodal authority under the said Act. These violations seem all the more worrisome considering the fact that in 1982, the Delhi zoo was renamed as the National Zoological Park with the idea of it being the model zoo of the country. If its poor management so far is any indication, the zoo has only been a major let-down for animal rights activists. As a member of WAZA, the CZA has been repeatedly informed by WAZA, since at least March of this year, about the shortcomings in its approach when it comes to the framing and enforcement of up-to-date guidelines–in line with the global norms–regarding animal welfare applicable to zoos across India.

The CZA, by letting the zoo deprive its elephants of the company of other elephants and a healthy environment, and by not addressing their mental and physical health needs, is violating its statutory duty as can be inferred from a conjoint reading of Section 38C(a) and Section 38H(6) of the Wildlife (Protection) Act, 1972 — which mandates that the CZA has to specify the minimum standards, in line with global standards — for housing, upkeep and the veterinary care of animals at Indian zoos and that it shall cancel the recognition granted to a zoo if it is found to be failing to meet or maintain those standards.

In fact, by not cancelling the recognition of the zoo, the CZA is also violating the scheme of law underlying the Recognition of Zoo Rules, 2009, wherein the central government has laid down the general standards to be observed by zoos; these include not separating any animal from its group unless it is for the welfare of that animal and ensuring that it is treated for health issues which includes mental health. Considering that elephants have an innate need to live in herds, not being in herds adversely affects their welfare. Thus, the zoo has no justification for the way it has been treating its elephants for so long now.

It is bizarre that even though the zoo does not have the infrastructure, the capacity or the suitable environment to keep these majestic animals, it still insists, in the face of condemnation, on having these animals at the cost of their welfare.

The CZA has turned a blind eye to the woes of these elephants. Even though it has framed guidelines titled ‘Elephants’ Upkeep in Zoos’, wherein the CZA has emphatically asserted its ban on zoos that lack an appropriate environment for housing elephants, and has asserted that elephants must be housed in small groups, it is baffling that it has not enforced the full rigour of these guidelines. Maybe the CZA should look at and draw inspiration from the work of Indian rescue centres such as ‘Wildlife SOS’, which is dedicated to the care of abused, diseased, wounded and malnourished elephants. It is sad that even though there are robust laws on paper regarding elephant care and welfare which empower the CZA to resolve these problems, it has not been enforcing these laws the way it ought to. Perhaps, this is because the law does not prescribe any consequences for CZA itself in cases where the CZA wilfully neglects to discharge its statutory duties. It would help if the Indian government introduces checks and balances in the law with respect to the CZA and even for errant zoos that do not follow prescribed standards of animal care. The CZA has fallen short of the expectations of animal rights advocates and there are huge shortcomings in its attitude towards its statutory duties.

Ethical dilemma

While it would not be right to denounce the Delhi zoo solely based on its callous handling of its elephants, it does beg the question: is it even ethical for any zoo to have such animals when it does not have the infrastructure or the capacity to have them? Delhi zoo and the CZA have clearly sprung into action and are now looking at long term and ‘WAZA-worthy’ solutions to the problems of their elephants. With WAZA indicating in its October 7 notice that it might also cancel the CZA’s WAZA membership, WAZA’s membership of nine Indian zoos hangs in the balance. If the CZA’s WAZA membership is cancelled, it will spell disaster for India’s animal welfare and conservation efforts. The CZA must ensure that it complies with all the conditions which have been set out by WAZA and also make sure that the Delhi zoo has its house in order soon.

Nipun Bhushan is an advocate practising law at various courts across Delhi with a focus on the environment and sustainability

Published – December 28, 2024 04:00 am IST

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