A bench comprising Justices BV Nagarathna and NK Singh issued the ruling while hearing an appeal filed by the Thiruvambady and Paramekkavu Devaswoms, organisers of Kerala’s renowned Thrissur Pooram festival.
Published Dec 19, 2024 | 4:49 PM ⚊ Updated Dec 19, 2024 | 4:49 PM
Captive elephants cooling themselves during a break from the festival parade in Thrissur. (Supplied)
The Supreme Court on Thursday, 19 December, suspended the Kerala High Court’s restrictions on the use of elephants in temple festivals, emphasising that any directives conflicting with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would remain on hold.
A bench comprising Justices BV Nagarathna and NK Singh issued the ruling while hearing an appeal filed by the Thiruvambady and Paramekkavu Devaswoms, organisers of Kerala’s renowned Thrissur Pooram festival.
During the proceedings, the Court described the Kerala High Court’s orders as “impractical” and questioned its jurisdiction in framing such directives. The bench remarked that the authority to draft rules lies solely with the designated rule-making bodies and not with the judiciary.
Earlier this year, on 13 November, a division bench of the Kerala High Court comprising Justices AK Jayasankaran Nambiar and Gopinath P compared the harsh conditions faced by captive elephants in Kerala’s religious festivals to life in Nazi concentration camps. While elephants are paraded under the guise of tradition, the court observed that they are in fact subjected to relentless commercial exploitation, often at the expense of their well-being.
It noted that elephants are transported between festivals for nine months, including the peak summer months of April and May, with little regard for rest, nutrition, or relief from exhaustion. The court also expressed alarm at the high mortality rate of captive elephants, citing data showing that nearly 33% of the 509 elephants registered in 2018 had died by 2024.
While refraining from commenting on religious practices, the court emphasised the urgent need for regulation aimed at balancing cultural traditions with the humane treatment and protection of elephants.
It issued detailed guidelines, requiring organisers to submit event applications at least one month in advance, specifying venues, procession routes, and providing certified health and fitness records for each elephant, verified by a veterinary surgeon. To prevent overexertion, elephants were required to rest for at least three days between events and receive adequate food, potable water, and clean tethering spaces during festivals. Exhibitions were required not to exceed three continuous hours, and processions on public roads were restricted to times outside 9 am and 5 pm.
The court also mandated strict safety measures, ensuring elephants had at least three metres of space between them, five metres from fire sources, and eight metres from the public or percussion displays, with fireworks set off at least 100 metres away. Barricades were required to separate the public from the elephants at all times.
Soon after the interim order was issued, it became the centre of heated controversy, facing strong opposition from temple committees, devotees, and prominent Devaswoms like Paramekkavu and Thiruvambadi. The issue sparked protests, impassioned pleas, and sharply divided opinions across Kerala.
Adding to the backlash, the Poora Premi Sangham, an association of festival enthusiasts, took their grievances directly to Kerala High Court Chief Justice Nitin Madhukar Jamdar. In their complaint, they urged him to quash the guidelines and requested that the case be reassigned to another bench. They alleged a conflict of interest, claiming the division bench responsible for the order had links to a legal firm that once represented animal rights groups in a related petition.
(Edited by Dese Gowda)
