Majestic Giant, Yet Abroken Spirit : Legal Protection of Captive Elephant in Sri Lanka

Abstract

Sri Lanka has a large-scale historical evidence for the captivity of elephants. Although historically this was carried out on cultural grounds, currently captive elephants are being misused as a commercial asset. This study seeks to answer the problem as to how adequate is the current legal framework on captive elephants in Sri Lanka in providing them with a due legal protection. The primary objective of the study is to assess the current laws applicable in Sri Lanka pertaining to the captive elephants and their implementation in practice. Determining the effectiveness of the existing legal provisions on captive elephants involves the secondary objective of this discipline. The scope of the study has limited to certain types of captive elephants, thus excluding the elephants in the National Zoological Gardens. The research was carried out using two methodological approaches. The black letter approach was used to undertake a deep analysis on the legal provisions pertaining to captive elephants. Empirical research methodology was used to gather information on the consequences on the captivation of elephants and its practical implication. Towards the end, this study seeks to address certainpertinent questions on captive elephants in Sri Lanka still remain unanswered.