Ivory & The Law: Kerala High Court Strikes Down Mohanlal's Possession Certificates

It's a decision that, in truth, has been a long time coming for many, and a bit of a surprise, perhaps, for others. The Kerala High Court, with a clarity that left little room for doubt, has just made headlines again, this time by definitively quashing the ownership certificates held by none other than superstar Mohanlal for four rather controversial elephant tusks. Yes, those very certificates, issued years after the tusks were first discovered at his residence during an income tax raid, have now been declared 'legally unenforceable.' And you could say, for wildlife enthusiasts and legal eagles alike, it's a significant moment.

Remember 2012? That’s when income tax officials, during a raid at Mohanlal’s Kochi home, stumbled upon not one, not two, but four elephant tusks. Quite the discovery, wouldn't you agree? Back then, the actor asserted he'd bought them, but — and this is a crucial 'but' — he didn't possess any valid ownership papers at that very moment. A bit of a hiccup, you might think, considering the strict laws around such items.

Fast forward a few years. Curiously, in 2015 and then again in 2016, the Forest Department went ahead and issued him ownership certificates. Retrospectively, mind you. One might ask: how does that even happen? It’s almost as if an attempt was made to tidy up an already messy situation, post-facto. But the law, it seems, isn't always so accommodating.

This move, predictably perhaps, didn't sit well with everyone. A private citizen, Mr. A.A. Paulose, took the matter to court. He argued, quite forcefully, that these certificates were a direct affront to the letter and spirit of the Wildlife Protection Act of 1972. A formidable piece of legislation, honestly, designed specifically to safeguard our precious wildlife. The Act, after all, pretty much bans the trade and possession of ivory. It’s a blanket prohibition, no two ways about it, put in place to curb the brutal poaching that decimated elephant populations for far too long.

And this is where the High Court truly dug in its heels. Justice Devan Ramachandran, delivering the judgment, made it abundantly clear: Section 48A of the Act, which permits declarations of existing stock, simply doesn't extend to ivory acquired after the 1972 amendment. Let alone after the 1986 amendment, which, for all intents and purposes, shut the door completely on ivory trade. Possession of ivory without a valid certificate, the court emphasized, is, quite simply, illegal. Full stop. The certificates issued to Mohanlal? They were deemed 'ultra vires' – meaning, beyond the legal authority – of the Forest Department itself.

It’s a powerful statement, really. The court observed that even a seemingly high-level Central Government order, the very one the Forest Department had cited, cannot, for a second, supersede the unequivocal provisions of the Wildlife Protection Act. The Act, for once, takes precedence, and rightly so.

This ruling, you see, isn't just about a celebrity or a few elephant tusks. It's a reaffirmation of the law's unwavering commitment to protecting India's wildlife heritage. It sends a clear, unmistakable message: when it comes to wildlife protection, the law is the law, and no one, absolutely no one, stands above it. And that, in truth, is a sentiment we can all get behind.