An interesting news item published in The Times of India ,dated 13th March 2013 caught my attention. I would like to share it with friends.
In Trissur, Kerala, an elephant was released on bail by the Perumbavoor first class Judicial Magistrate Court. Does it not sound funny ? Is it possible?How can an animal be convicted in a court of Law? Is the Indian Penel Code applicable to animals? and many more related questions, for which no answers are are available came to my mind. . But it is true according to the Newspaper report.
Techikuttukavu Ramachandran, 3.17m tall and 45 year old domestic elephant, who is lovingly called Raman, was arrested on a complaint lodged by the Forest Department of Malayatoor against the elephant, the temple and the devaswom authorities(who owned the elephant) for killing three women,when the elephant ran amock at a temple festival in Perumbavoor on January 27th. The arrest of an elephant may be the the first known case of arrest on a murder charge and subsequent release on bail in India or even else where. He was in the custody of forest officials after the attack.
The most interesting part follows. The Devasom authorities who own the 45 year old, Raman, had to submit a bond of Rs. 30 lakh and a surety of two persons to secure the bail. In all this Hulla Gulla, an important point of law seems to have been overlooked. The naughty pachyderm seems to have been booked for murder only, In the current Indian scenario, he should have been booked for violence against women under the provisions of the 'Violence against the Women and Children Act." Note that he is singled out only women for attack. Should he not be rearrested??
Photo courtesy Google
In Trissur, Kerala, an elephant was released on bail by the Perumbavoor first class Judicial Magistrate Court. Does it not sound funny ? Is it possible?How can an animal be convicted in a court of Law? Is the Indian Penel Code applicable to animals? and many more related questions, for which no answers are are available came to my mind. . But it is true according to the Newspaper report.
The naughty elephant |
The most interesting part follows. The Devasom authorities who own the 45 year old, Raman, had to submit a bond of Rs. 30 lakh and a surety of two persons to secure the bail. In all this Hulla Gulla, an important point of law seems to have been overlooked. The naughty pachyderm seems to have been booked for murder only, In the current Indian scenario, he should have been booked for violence against women under the provisions of the 'Violence against the Women and Children Act." Note that he is singled out only women for attack. Should he not be rearrested??
Photo courtesy Google
thoughtful analysis
ReplyDeleteThanks SM for your remarks.
ReplyDeleteReally ..it can only happen in India..OMG..and what a keen analysis..great!!
ReplyDeleteThank you odizzey. I feel flattered by words of appreciation .
DeleteInteresting.Actually they punished the owner and temple people for not providing proper attention to the elephant.In France in 14th century a pig was hanged to death at the murder of a child.
ReplyDeleteYou are right,Sarala,the aim was to punish the temple authorities, but the Newspaper reported that the elephant was convicted, which sounds very funny..
DeleteOmg....can't believe it...strange too
ReplyDeleteYes, I too found it very funny.
DeleteWhat a strange and sad thing to happen, Usha.
ReplyDeleteYes Panchali it is strange but true. I found it funny.
Deletenever knew about this ma;m . confused indeed about the law pertaining to animals and about the question you have out across . Insightful
ReplyDeleteI found the incident very funny. I have no idea about the legal aspects in such a case. Thanks for your observations.
DeleteHe has a grouse against women? By the way the picture you have is of an African elephant.
ReplyDeleteThanks Anil for pointing out my omission. Your comments are welcome.
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