‘No person can own elephants in Sri Lanka’  – Jagath Gunawardena

By PRIYAN De SILVA

Senor environmental lawyer Dr Jagath Gunawardena said that the whole concept of owning a wild animal was alien to Sri Lanka’s Constitution and the laws that have been enacted under it and hence no person could own an elephant or any other wild animal for that matter. He added that the term ‘elephant owner’ was a misnomer and that there can only be ‘custodians’ who have been given written authority by the Wildlife Department.

Dr. Gunawardena was expressing his views at a media conference held last Thursday (09) afternoon to discuss the release of 15 elephants that had been previously confiscated by the Department of Wildlife as they were in the possession of persons who were unable to provide documentary proof of their custodianship.

Gunawardena added that the custodianship came into force only when the Director General of Wildlife signed the relevant document and it was against the law to return the animals to those who were not legitimate custodians.

Dr Gunawardena said that in this instance the Attorney General’s Department who applied for the handing over of the said animals to those who had held them illegally had overstepped their (AG’s Department) limits by determining the custodians of the said elephants as it was the Director General of Wildlife who was empowered to do according to Section 22 A of the Fauna and Flora Protection Ordinance.

Among those named as the person who would receive the three of the animals were a Buddhist monk who is now deceased and a mahout. The regulations enacted on 19 August 2021 had been cited in obtaining the release of these animals. Questioning its validity Dr Gunawardena said that regulations could only be signed by the Minister in charge of the subject who is a member of the Cabinet but in that instance the regulations had been signed by the State Minister in charge of the subject. Furthermore, the said regulations were not in keeping with the Fauna and Flora protection Ordinance which specifically prevents the commercial misuse of wild animals.