Elephants play an intrinsic role in Sri Lanka, associated with cultural, religious and economic practices. According to a survey conducted in 2024, the country is home to an estimated population of 7,400 to 7,500 elephants. Reports further suggest that there are 210 captive elephants, of which 102 are housed in state-owned facilities, while the remainder are kept by private owners for work or as a symbol of status and prestige. These captive elephants are exposed to various human-induced cruelties, particularly against the five freedoms of animal welfare.

Sri Lankan elephants are strictly protected under the Fauna and Flora Protection Ordinance, No. 2 of 1937 (hereinafter FFPO of 1937), and captive elephants must be duly registered and licensed in accordance with its provisions. However, due to political pressure, many elephants are kept in captivity without adhering to the proper procedures. On 19^th August 2021, the Fauna and Flora (Protection, Well-being and Regularisation of Registration of Tamed Elephants) Regulations No. 01 of 2021 were issued by the respective State Minister under section 22A of the FFPO of 1937. Four separate cases were filed before the Court of Appeal, challenging the validity of these regulations.

On 31^st May 2024, the final decree was issued, which was in favour of the petitioners. However, captive elephants will continue to be subjected to cruelty and mistreatment by their custodians and mahouts until they are recognised as sentient beings with intrinsic value. This paper examines the necessity of granting rights to Sri Lankan elephants. The paper analyses the weaknesses in the existing protection available for elephants in Sri Lanka and provides recommendations on the rights that should be granted to elephants and how to grant them effectively, with a special focus on addressing the practical and implementation challenges of granting rights to elephants in Sri Lanka.