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abusing national heritage animal elephant during elections by using it live in the party rallies and hence it should be withdrawn as party symbol," said Kadyan.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.

No donkey, monkey in poll campaign: Election Commission

The State Election Commission (SEC) has issued an order banning the use of animals by political parties during election campaigns. In a letter to all political parties, the SEC said donkeys, bulls, elephants and cows cannot be used for politics.

Often donkey with blackened face are paraded on streets to highlight the failure of the government or portrayed as rivals.

“The political parties found misusing the animals to highlight any issues during the local bodies elections will be dealt firmly. The candidates have no business to inflict atrocities against animals to highlight the public cause. The politicians have been urged to show restrain in abusing each other taking animal names.

Several instances of politicians calling each other donkeys or dogs have been brought to the election commission’s notice,” state election commissioner Neela Satyanarayan said on Friday.

The misuse of animals amounts to cruelty against animals and is punishable under the Act. The SEC decision to issue directives to the parties in Maharashtra comes in the wake of growing instances of misuse of animals by the political parties to settle scores with their rivals or ridicule the administration and the government.

Several animal rights activists and non-government organizations have brought to the notice of the EC to stop the use of animals in campaigns.

Sources in the SEC revealed that most abused among the animals at the hands of politicians are donkeys and bulls. The common abuse, which has been in practice, is the politicians taking out procession of a donkey on the streets. The donkey walks down the streets carrying a garland of chappals.

Bulls, elephants and cows are the other animals used by parties during their campaigns.

“If any body is found disobeying the directives and abuse animals to serve their political campaigns will be taken to task. The SEC has every right to act,” the directive said.

The SEC under Sections 343 (K) and 243 (ZA) is authorized to undertake the entire responsibility in conducting the state local bodies elections. The municipal corporation elections and zilla parishad elections are scheduled in February and March (2012).