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In a first, HC allows mercy killing of ailing Salem temple elephant
Even as the Supreme Court had in a landmark judgment recently legalised passive euthanasia by the withdrawal of life support to patients in a permanent vegetative state, the Madras High Court, in a first, has okayed the euthanasia of Salem temple elephant Rajeshwari, which is in prolonged agony and suffering with no chances of recovery.
Chennai
The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose in its order on Monday held, “From the materials, which has been produced in this regard, it is patently clear that steps taken for the treatment of the elephant Rajeshwari, have not been successful.”
Also noting that the prognosis was ‘Guarded to grave’ which means intensive treatment and care till death, the bench said, “The elephant is suffering. It seems euthanasia should be performed so that it is relieved from prolonged agony and suffering.”
However, the bench, on directing the Veterinary Officer in charge of the area where the elephant Rajeshwari is now being treated, to examine her, said, “If the Veterinary Officer certifies that the physical condition of Rajeshwari is such that it would be cruel to keep her alive, she should immediately be administered with euthanasia.”
Also, holding that the examination shall be positively conducted at the earliest, preferably within 48 hours, the bench headed by the Chief Justice, said, “Needless to mention that euthanasia shall be performed as per the rules, regulations and guidelines regarding performance of euthanasia.”
A writ petition by way of public interest litigation was moved by S Muralidharan that the elephant kept at Arulmigu Suguvaneswarar temple in Salem is suffering from a serious disease and has developed bedsores, which have started decaying. Petitioner’s counsel Chockalingam had submitted that to make Rajeshwari stand by lifting her with an earthmover, they broke her limbs.
Mahout opposes move
The mahout of Sugavaneswarar temple elephant Rajeshwari in Salem has come out vehemently against the mercy killing of the jumbo.
“I am disappointed with the court’s verdict granting permission for its euthanasia. Only her leg is broken. The animal is in perfect condition,” said Bhaskar, the mahout, with tears rolling down his eyes. The Madras High Court has allowed euthanising the elephant, if veterinarians certify that the animal could not be cured.
The mahout said the elephant is not suffering from any major ailment, except deformity in its legs. “It wouldn’t have been alive if it had any other illness. The jumbo is well by God’s grace. She is a pet for the people in Salem. Everyone was concerned about its wellbeing,” he said adding, “Many people and children are calling up and asking how the elephant is doing.”
Blaming the Hindu Religious and Charitable Endowments Department for failing to take proper care of the jumbo, Bhaskar said, “My department is to be faulted for the fate of the elephant. An activist even sought to bring experts from Assam to cure the jumbo, but the department denied permission,” he said.
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