The Bombay High Court has permitted the safe capture and temporary translocation of wild elephant Omkar to Gujarat’s Vantara facility. The court said the move is necessary for public safety and Omkar’s welfare, directing that care be taken so the elephant is not harmed.
Mumbai: The Bombay High Court’s Kolhapur bench has allowed the Maharashtra Forest Department to capture a wild elephant named Omkar, who had strayed from its herd, and to temporarily shift it to Vantara in Gujarat.
The order was passed last week by a bench of Justices M S Karnik and Ajit Kadethankar, who said that the capture operation must be done carefully so that the elephant does not suffer any kind of harm or trauma.
The court recorded in its order that
“Vantara shall oversee the welfare and training of Omkar, with minimal human intervention.”
The case reached the High Court through a public interest litigation (PIL) filed by Rohit Kamble. He raised concerns about the safety and well-being of Omkar, who had wandered into human residential areas after separating from its herd during its natural migration from Karnataka to Maharashtra.
Kamble challenged the state forest department’s decision to move Omkar to Vantara, arguing that the place is not suitable for a wild elephant and may affect its natural behaviour.
According to the forest department, Omkar had been roaming across the Sindhudurg and Kolhapur districts and was posing a danger to both human life and property.
The department said that capturing Omkar had become necessary for the safety of both the animal and the public.
They further informed the court that the Radha Krishna Temple Elephant Welfare Trust (Vantara) in Gujarat was the only institution willing to take responsibility for Omkar’s shelter, training and rehabilitation.
The department clarified that the transfer would only be temporary, and that a high-powered committee appointed by the Supreme Court would later decide the long-term plan for Omkar.
However, petitioner Kamble strongly opposed this proposal. He argued that moving Omkar outside Maharashtra could cause the elephant to lose its natural instincts.
He also submitted that no law in India allows wildlife to be handed over to a private organisation, as was being proposed in Omkar’s case.
He added that Vantara mainly houses captive or bonded elephants, not wild ones. Kamble urged that Omkar should instead be rehabilitated in a natural environment such as the Radhanagari Wildlife Sanctuary in Kolhapur or any similar habitat nearby.
The court took note of several incidents involving Omkar, including cases where the elephant had caused significant damage. It also recorded that Omkar had become aggressive and had killed a man in Dodamarg in Sindhudurg district in April.
The forest department informed the court that Omkar is around 10 years old and would not be able to survive alone in the wild without the support of a herd.
The bench also mentioned a disturbing event from November, calling it an “unfortunate and inhuman” act where some people threw powerful firecrackers at Omkar while it was bathing.
The High Court further emphasised the ecological importance of elephants, noting their role in sustaining and shaping forest ecosystems.
It highlighted that elephants in India are officially classified as endangered and face serious threats due to loss of habitat, fragmentation and increasing human-elephant conflict. The bench observed that it is essential to protect the species to maintain balance in the forest ecosystem.
The court noted that Omkar, due to his age, needs to be kept with a herd so that he can socialise and live in a suitable environment.
The judges also took into account the statement from the forest department that the transfer to Vantara would only be temporary. A final decision regarding Omkar’s long-term care will be made after the high-powered committee evaluates all factors and submits its recommendations.
The court has directed the forest department to submit its proposal on Omkar’s temporary translocation and long-term plan to the committee within three days. The committee has been asked to study the matter and provide its recommendations within two weeks.
