The elephant's health condition worsened a month ago.

CHENNAI: The Madras high court has given its nod for the mercy killing of an ailing elephant of Arulmigu Sugavaneswarar Temple in Salem , if veterinarians certify it cannot be cured. The court has given authorities 48 hours to complete the process.

“The veterinary officer incharge of the area where the elephant, Rajeshwari, is being treated may examine her and if the veterinary officer certifies the physical condition of Rajeshwari is such that it would be cruel to keep her alive, she should immediately be administered euthanasia . The examination shall positively be conducted at the earliest, preferably within 48 hours.

“Needless to mention that euthanasia shall be performed as per the rules, regulations and guidelines with regard to performance of euthanasia,” the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose said. The order was on a plea by S Muralidharan of Chennai seeking a direction to authorities concerned to euthanise the elephant, which had been subjected to “terrible treatment” without any improvement.

Euthanasia needed to relieve agony: Bench

Advocate Chockalingam, appearing for the petitioner, said several veterinarians, including from the forest department, tried to save Rajeshwari who. while being lifted with an earthmover in a bid to make her stand, broke her tushes and limbs.

“The elephant is in agony and on humanitarian grounds, it should be euthanised,” he added, pointing to provisions of the Prevention of Cruelty to Animals Act, 1960 which allows destruction of an animal when its ailment cannot be cured.

The advocate also brought to the court’s notice a November 25, 2013 Animal Welfare Board of India circular which said euthanasia was a humane method of alleviating animal suffering in cases of incurable disease or injury or debility.

Noting that a letter from the forest veterinary officer to the principal chief conservator of forests showed steps taken to treat Rajeshwari were not successful, the petitioner said, “The prognosis, as per the letter was ‘guarded to grave’, which means intensive treatment and care till her death.”

Recording the submissions, the bench said the report made it clear the elephant was in agony with little or no chance of recovery and that it seemed euthanasia should be performed so that it was relieved from prolonged agony.

