Baby monkey is government property, says Madras High Court

The Coimbatore-based veterinarian with the baby monkey. File
| Photo Credit: Special Arrangement

Stating that a baby monkey, taken care of in captivity for 10 long months by a veterinarian, must be considered a property of the government under the provisions of the Wildlife (Protection) Act of 1972, the Madras High Court on Thursday (November 14, 2024) refused to grant custody of the animal to the veterinarian.

Justice C.V. Karthikeyan dismissed a writ petition filed by Coimbatore-based veterinary surgeon V. Vallaiappan and allowed the monkey, which had suffered multiple dog bites in December 2023, to be treated at Arignar Anna Anna Zoological Park (AAZP) at Vandalur in Chennai, which has state-of-the-art facilities.

The judge recorded the submissions of Special Government Pleader (Forests) T. Seenivasan that though the veterinarian had custody of the monkey since December 4, 2023, it was still found to be suffering from paralysis of hind limbs and abrasion wounds when it was received by the Forest Department officials on October 26, 2024.

A radiography of the vertebra revealed old fracture of three coccygeal vertebrae and right distal tibia, and hemaetology revealed moderate level of anaemia. Therefore, a treatment protocol with daily dressing of wounds with collagen and topical antibiotics was carried out for the baby monkey twice a day, the SGP said.

He said the monkey was also made to wear infant diapers to avoid soiling and staining of body with excreta, and long acting parenteral antibiotics were administered once in three days. “Now, the monkey is eating well and has put on around 100 g of weight after it had come to the Vandalur zoo,” the law officer told the court.

He stated that the baby monkey was also being made to undergo physiotherapy through dry warm formentation and passive range of motion exercise twice a day, and that an expert committee headed by the Deputy Director of AAZP had been constituted to continuously monitor the health of the monkey.

It was also brought to the notice of the court that the monkey had begun to socialise with the animal keepers and hospital staff at AAZP without any fear, distress, or anxiety, and that it was moving actively around the treatment cell and cooperating with the staff for dressing and changing diapers.

After recording his submissions, the judge wrote that though the primate would be wondering why the men in black coats and black robes were deciding its fate, the court had to necessarily take a decision in the case not in the interest of the petitioner or the respondents but solely in the interest of the animal.

Since Section 39 of the 1972 Act specifically states that every wild animal bred in captivity shall be the property of the State government, and taking into consideration the treatment being provided to it right now at AAZP, the judge decided that its welfare could be ensured better by the Forest Department officials.