CAPE - Foundation

Brief Introduction:

Animals suffer when they are confined to small restrictive spaces for the sake of ‘human’ entertainment. Not only are they removed from their natural habitats and social structures, but also forced to live in artificial, stressful and downright painful conditions. Thus, depriving them of mental and physical stimulation. Unnatural conditions of perpetual cruelty, abysmal standards of care and constant travel, encompass the lives of these animals. “Mukti” is our call for the liberation of all animals from the clutches of circus cruelty, by implementing a complete ban on their use and captivity.

Let's go to the Circus!

From Enid Blyton's stories to popular Hindi movies, the circus in our imagination is a place of joy and fun, happiness, bonding and entertainment. But circuses are a primitive concept of entertainment that have no relevance today. Like zoos, they existed during the days when there was little family entertainment, or exposure to animals was limited to reading and such places of captive exhibition. Circuses have been a hellhole for humans, too – it wasn't until 2011 that employment or use of children in circuses was banned. Hundreds of instances and suspicions of child trafficking, children being kidnapped and sold to circuses, sexual abuse, forced into drug addiction and subjected to physical abuse to perform have always surrounded them.

The plight of the circus animals was no different. Animals bred in captivity, or separated from the wild, held prisoner all their lives and subjected to extreme cruelty as objects of entertainment and public display was nothing but a shame on humanity. They were captured young, separated from their mothers or family and confined to chains and cages to "entertain" was nothing but barbaric. And that's the least of the cruelties that were inflicted on them.

Circuses in India had a free run till 2001, when the Performing Animals (Registration) Rules came into force, and then in 2017, when, for the first time, the use of wild animals — animals protected under The Wildlife Protection Act, 1972, was banned. In 2001, the Supreme Court upheld the validity of Section 22 of the Prevention of Cruelty to Animals Act, 1960, as well as a notification dated 14 October, 1998, issued by the Centre prohibiting the exhibition and training of bears, monkeys, tigers, panthers and lions. Mrs. Maneka Gandhi's relentless work in the field to rescue these animals, circuses were only allowed to keep elephants from the wildlife category list.

Inspections by NGOs & Government

Circuses essentially had no accountability. Several of these circuses and animals had not been inspected in years. The laws and legal parameters that had been formulated by the government were not executed. There were neither any records or tracking of animals being bred in captivity, nor any assessment and control of animals being transported, as these nomadic groups moved from city to city. Poor records, manipulated registers, inbreeding, forced performances by sick and pregnant animals, non-existent medical facilities or attention and physical abuse and starvation to train and punish have always been the norm at circuses.

It was only in 2014 that NGOs across the country got together and pressured the government to agree to a joint inspection of circuses and circus animals across the country.

As an officer of the Animal Welfare Board, CAPE Foundation's founder Radhika Bose was authorized by the Board and the CZA to carry out inspections of circuses along with the State Forest Department in West Bengal.

Arriving unannounced for the inspections meant that the circus owners had no time to prepare and cover up their misdeeds. Raids revealed the use of sticks with nails, whips with metal wires, use of ankus (metal rods with sharp tipped hooks) and severely injured animals because of their use, especially elephants. Animals with severe orthopaedic issues, blindness, fatigue, old age, infancy were all been forced to perform, train or travel, with no veterinarian support, in spite of the fact that regulations mandated the employment of a permanent vet for a group of more than 10 animals.

Animals and birds in rusted cages kept in extremely hazardous and poor safety conditions, which also posed a risk of disease, infection, accidents and mental trauma, were virtually the norm at circuses. The sight of large animals tied with short ropes, sometimes with their feet tethered together to restrict their movement, and being made to stand for hours in their own filth was never rare. Horses were painted over to resemble zebras and elephant calves that were born were not declared, made it easier to smuggle them.

Many of the elephants the "star attraction" were tied up right at the front for public display to act as the attraction point — subjecting them to public ridicule, provocation and disturbance, completely denying them peace and privacy. In almost all the circuses, there was no consistent handler (mahout) for the elephants causing them extreme distress. People hired to look after the elephants had no experience in handling them. It takes years of training and patience to earn the trust of such a majestic and gentle animal. The inexperience of the handlers caused the elephants extreme distress, as more often than not, they would be beaten and tortured to listen and obey commands.

Plight of animals when licences were revoked

By the efforts of CAPE Foundation, all circuses in West Bengal had their licenses revoked or suspended after being found to be violating all rules and guidelines. The animals soon became a liability. There was a fear of Camels being sold for slaughter, horses being sold for joy rides or to pull garishly decorated, horse-drawn carriages or used in Indian weddings and dogs being sold to breeders for the use of puppy mills if not confiscated.

The elephants had a different story altogether. Legally, all elephants should have been confiscated by the Forest Department of the state once the circus had its licenses and recognitions revoked. However, elephants were smuggled out of West Bengal and were being used for commercial and profit-making purposes. Circus owners sold these animals to the highest bidder. There was enough reason to believe that some officials were involved with the circuses to help in the smuggling as, so far, they had shown no initiative in confiscating the elephants. Finally, an RTI filed by CAPE Foundation proved these suspicions to be correct, following which, CAPE Foundation filed a PIL in the Hon’ble Calcutta High Court to ensure that elephants that were trafficked were brought back into the State of West Bengal.

The ban on the use of animals at circuses is not just a victory for animals, but also marks the end of all forms of supremacy and speciesism — the bane of human existence. Animals bred in captivity, or separated from the wild and held prisoner all their lives and subjected to extreme cruelty as objects of entertainment and public display, is nothing but a shame on humanity. The ban comes many years too late, as hundreds of animals — from elephants to dogs, camels to hippos — have suffered immensely for human "fun" disguised as an art form.

Successful Rehabilitation of Circus Animals

Over the next few months, CAPE Foundation rescued a number circus animals and rehabilitated them. Camels rescued were sent to the organization like Help in Suffering in Jaipur, Rajasthan and several performing dogs are at Chaaya Animal Shelter in Kolkata. 2 elephants are at the forest reserves of Gorumara and Jaldapara in West Bengal. There had to be a clear deterrent to ensure that such acts didn't happen again in the future. CAPE foundation also helped some of the handlers to get other jobs to ensure that there is no financial compulsion for them to go back to their earlier ways.

Successful rehabilitation stories show us that it is possible to change the lives of these animals. It shows that animals can be rehabilitated in non-exploitative work in their natural habitats. For this to happen, though, it is important to follow through and check up on the animals regularly till they are handed over to a responsible authority. Legal action, too, needs to be taken rigorously and followed up on, to ensure that no one is misusing the law or finding loopholes. Animal welfare departments in the Government have to work with NGOs and voluntary organizations so they can help each other rescue the maximum number of animals possible. It also requires the attention of media outlets who can share these stories with civil society and ensure that people are more educated and aware of these incidents and of the law. There is also a great need of support required from Donors and philanthropic organizations for animal rights and rehabilitation NGOs.

Rehabilitating the neglected animals will require commitment, time and effort of several concerned authorities. But the hope is that one day, these animals will be living a happier and more carefree life.

Mukti: Campaign to Free Animals from Circuses