Plea to freeze elephant as BSP symbol dismissed

NAGPUR: The Delhi high court on Friday dismissed a petition filed by representatives of International Organisation for Animal Protection (OIPA) seeking direction to ban use of national heritage animal 'elephant' as party symbol by the Bahujan Samaj Party (BSP).

Naresh Kadyan, the petitioner and India representative of OIPA, affiliated to the United Nations, duly recognized by the Animal Welfare Board of India (AWBI), wanted the court to issue directions to chief election commissioner (CEC) to freeze or replace the symbol of the BSP from elephant to other.
The petitioner also wanted respondent - ministry of environment and forests (MoEF) - to make guidelines and rules for the national heritage animal to protect them from any kind of abuse, unnecessary pain and suffering.

"The Central Zoo Authority (CZA) although imposed a ban on display of elephants, it failed to rescue them. The BSP was abusing national heritage animal elephant during elections by using it live in the party rallies and hence it should be withdrawn as party symbol," said Kadyan.

But, dismissing the writ petition for a ban on elephant as BSP's election symbol, the Delhi high court said, "Elephant does not come under the National Emblems Act (NEA) and hence the writ petition is dismissed." The NEA prevents improper use of certain emblems of government, said Rajender Yadav, counsel for the petitioner.

Kadyan said that under the Wildlife Protection Act 1972, elephants are protected under Schedule I, and hence use of any protected wild animals and their trophies is an offence.

He alleged that BSP candidates use live elephants for parade and campaign and also in victory rallies. Recently, a BSP MP had booked elephants for pride during marriage celebration in Meerut. Due to abuse, the animals went out of control and damaged public property. Same elephants were later rescued and rehabilitated by the authorities.

Similarly, Kadyan said, in 2008, a BSP candidate booked two elephants for campaigning. Besides, elephant is being displayed symbolically on statues in parks along with statues of late Kanshiram and Mayawati. This is being done to gain popularity. "We will appeal in the Supreme Court against the high court order," Kadyan stated.

Freeze BSP's jumbo symbol: OIPA

http://articles.timesofindia.indiatimes.com/2011-11-05/nagpur/30363559_1_captive-elephants-party-symbol-heritage-animal

NAGPUR: The International Organization for Animal Protection (OIPA), an international confederation of associations for animal protection, has urged the chief election commission (CEC) to freeze Bahujan Samaj Party's (BSP) election symbol- elephant.

Sukanya Kadyan, director of OIPA in India and People for Animals (PFA), Haryana and others, on Thursday, met the chief election commissioner (CEC) of India SY Quraishi demanding to freeze the BSP election symbol - elephant, being a national heritage animal of the country.

"The CEC has assured us to hear the matter before the full bench of the Election Commission of India. We will also contact other political parties to save the animal," said Kadyan while talking to TOI.

 The OIPA's contention is that elephant being an election symbol is subjected to abuse and cruelty by using it as a publicity tool in poll rallies and other places. "This should stop," Kadyan insisted.

She said elephant was declared a heritage animal of India on October 21, 2010 and is also protected under Scheduled I of the Wildlife Protection Act 1972. Yet, the lovely animal is being abused in India for joy, pride, political party symbol and begging bowl for personal gains.

Founder chairman of PFA, Haryana, Naresh Kadyan, now representing OIPA in India as well, had won a PIL on the issue filed in 2006. However, Kadyan says states are sleeping on the issue and except Kerala no state has framed rules on upkeep of elephants. "When elephant is national heritage animal of India, no one can play and abuse it," Kadyan said.

He demanded a permanent ban on elephant polo in the country. The ministry of environment and forest (MoEF) should be directed to frame strong rules and regulations to control abuse, stress, pain and injury to elephants.

Kadyan also wanted all captive elephants be rescued and rehabilitated at once. All types of commercial activities using elephants should also be banned. The CEC has also been urged to ask BSP to change its party symbol.