Bombay HC Allows Capture And Temporary Shift Of Lone Elephant ‘Omkar’ To Gujarat’s Vantara Facility

The Kolhapur bench of the Bombay High Court has authorised the capture of Omkar, a wild elephant that wandered away from its herd, and permitted its temporary relocation to Vantara in Gujarat.

A division bench of Justices M. S. Karnik and Ajit Kadethankar, in an order issued last week, directed that the operation must be carried out with utmost care so the animal is neither harmed nor distressed. The court also recorded that “Vantara shall oversee the welfare and training of Omkar, with minimal human intervention.”

The ruling came while hearing a public interest litigation (PIL) filed by Rohit Kamble, who sought safeguards for Omkar after it strayed from its herd and began entering inhabited areas. Kamble had questioned the forest department’s decision to shift the elephant to Vantara, arguing the facility was not an appropriate environment for a wild elephant.

According to the petition, Omkar had migrated naturally from Karnataka into Maharashtra before becoming separated from its herd. The forest department maintained that capturing the young elephant, seen moving across Sindhudurg and Kolhapur, was essential because it posed risks both to itself and to people.

Officials told the court that only the Radha Krishna Temple Elephant Welfare Trust (Vantara) had agreed to take in Omkar, offering shelter, training, and rehabilitation. They emphasised that the arrangement was temporary and that a Supreme Court-appointed high-powered committee would later advise on a long-term plan.

Kamble opposed the move, insisting that relocating Omkar from Maharashtra to Gujarat could cause it to lose its natural instincts. He also argued that no law allows wild animals to be handed over to a private entity, adding that Vantara mainly houses captive or bonded elephants rather than wild ones. Instead, he urged the court to direct Omkar to be rehabilitated at the Radhanagari Wildlife Sanctuary or another natural habitat within the region.

In its order, the High Court noted several incidents of damage linked to Omkar, including an episode in April in which the elephant became aggressive and killed a man in Dodamarg, Sindhudurg. The forest department also reported that, at roughly 10 years old, Omkar would struggle to survive independently if released into the wild.

The judges further highlighted a disturbing incident from November, calling it “unfortunate and inhuman,” where people threw powerful firecrackers at Omkar while it was bathing.

The court underlined the broader ecological significance of elephants, observing that they play a key role in shaping their habitats. It stressed the species’ vulnerability, noting: “Elephants are officially classified as endangered in India, reflecting the serious threats they face. The elephant population in India is under constant pressure from habitat loss, fragmentation, and human-elephant conflict. It thus becomes crucial to protect the elephant species to ensure the sustenance and balance of the forest ecology.”

The bench added that Omkar’s age makes herd integration important and that socialising with other elephants is necessary for its wellbeing. The judges accepted the forest department’s position that the move to Vantara is temporary, and that the final course of action will be based on the recommendations of the high-powered committee.

The court directed the forest department to submit a detailed proposal on Omkar’s temporary translocation and long-term plan to the committee within three days. The committee has been asked to evaluate the matter and provide its recommendations within two weeks.

With PTI inputs