5 days Ago By Harish V Nair
Kerala’s Thiruvambady Devaswom which hosts the world-famous annual ‘Thrissur Pooram’- known for its elephant pageantry, featuring 50 to 100 pachyderms decorated with nettipattam (decorative golden headdress) and ornaments has moved the Supreme Court. The Devaswom management committee has challenged strict guidelines issued by the Kerala High Court last month related to use of elephants, which introduced certain safeguards to protect the jumbos, that according to committee, if implemented will bring the two-century-old festival and a celebration of the state's rich heritage to a “grinding halt”. The main bone of contention in the appeal filed by Supreme Court Advocate Abilash M R on behalf of Thiruvambady Devaswom is the HC rule mandating a minimum distance of 3 meters between elephants.
The Devaswom is also challenging observation of High Court that:“We do not believe that there is any essential religious practice of any religion that mandates the use of elephants in festivals”. Appeal says the issue as to what constitutes such a practice it still to be determined by a 9-judge Bench of the Supreme Court. Advocate Abhilash M R argues in the appeal: “It is submitted that the spatial restriction imposed by the Hon’ble High Court, mandating a minimum distance of 3 meters between elephants, brings the historic Thrissur Pooram to a grinding halt, as the thousand-year-old venue, the Vadakkumnathan Temple, integral to Thrissur Pooram, cannot accommodate such constraints.
This venue, with its traditional layout, has been the epicenter of the Pooram for centuries and the direction by the Hon'ble High Court disregards the significance of the historic and UNESCO recognized tradition.” Citing violation of Article 25 and urging the Supreme Court to examine if the Kerala High Court had “overstepped judicial boundaries in haste and thereby transgressed into the centuries old temple tradition named, “Thrissur Pooram”, the petition says SC needs to weigh if the High Court vide Order dated 13.11.
2024 erred in entering an observation that “we do not believe that there is any essential religious practice of any religion that mandates the use of elephants in festivals”, when the same question is pending for the determination of a larger bench of SC on the basis of the reference made by SC relating to Sabarimala case. The prayer in the appeal seeks quashing of the interim orders dated November 13th and 28th, 2024. In the interim it seeks a stay on the HC guidelines and a direction to the State Government not to place reliance on the impugned Orders while framing new rules, if any, during the pendency of the Special Leave Petitions The Devaswom says Pooram cannot be held as per the November 2024 directive of the Kerala High Court in connection with the parading of elephants.
Said a member: "The high court guidelines said the distance between elephants during the procession should be three meters When 15 elephants are paraded, it will be 45 meters and the pooram may have to be held in some open sprawling paddy field". The Kerala High Court issued guidelines aimed at safeguarding the well-being of elephants paraded during temple festivals, stating that there is no religious obligation mandating their use in such events. The court observed that while traditions often cite religious justifications, elephants are being exploited for commercial purposes without regard for their welfare.
HC Division bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P.
, presiding over the court, observed that “Elephants in captivity are extensively used in religious festivals in the State of Kerala and their use is often sought to be justified on the touchstone of tradition and religious practice while in reality and sadly so, the animals are being commercially exploited without any care or concern for their well-being. We do not believe that there is any essential religious practice of any religion that mandates the use of elephants in festivals,” clarifying that its primary focus was to regulate their use to prevent exploitation. “Festivals in Kerala are now so commercialised that even before a festival there is a war or a sort of competition amongst temple committees tasked with the conduct of festivals regarding the number of elephants being paraded as well as the fame of particular elephants/elephants being paraded,” the court remarked.
HC observation came during hearing of a batch of writ petitions filed by animal rights NGOs and animal lovers, highlighting the distress and exploitation faced by captive elephants in Kerala. They pointed out that despite the Supreme Court’s prior orders to regulate the use of elephants in festivals under the 2012 Rules, the State had not adhered to these directives. The petitioners argued that this non-compliance amounted to a blatant violation of Supreme Court orders.
Specifically, they underscored the suffering of elephants, which are subjected to extensive travel and inadequate rest, resulting in significant physical and mental strain. The court noted that elephants in captivity were extensively used for festivals spanning nearly nine months each year, from September to May, including the harsh summer months. It further highlighted concerning statistics showing that nearly 33% of the captive elephant population (from a recorded 509 in 2018) had died over the past seven years.
Underscoring the urgency of the matter, the court said, “There is no greater proof of the fact that captive elephants are being exploited for commercial gains mindless of their well-being than the statistics of captive elephant deaths in the State of Kerala.” HC issued comprehensive guidelines for immediate implementation including : The inclusion of a member nominated by the Animal Welfare Board of India in District Committees. The name and identification details of the elephant/elephants proposed to be exhibited and also the date/dates on which such exhibition is proposed.
A health/fitness certificate showing that the elephant is not sick, injured, weak, disabled, or otherwise unfit for exhibition. Mandating festival organizers to apply to the District Committee at least one month before parading elephants, including details such as the animals’ health and rest schedules. Assurance of adequate temporary tethering facilities and provision of food and water per existing regulations.
Maintenance of safe distances between elephants and the public, as well as flammable materials and percussion displays. A stipulation of at least three days of rest for elephants between consecutive parades, excluding transportation time. Restrictions on elephant transport, limiting it to 30 km of walking per day and 125 km by vehicle, with strict speed and rest requirements.
Prohibition of parading elephants on public roads between 9 AM and 5 PM. In addition, the court prohibited the use of any ‘capture belt’ or other crude and inhuman methods for capturing elephants that run amok or misbehave, emphasising that this condition must be included as a requirement for granting permission to parade elephants. The court further directed that Government of Kerala must ensure strict implementation of these directions and guidelines, issuing necessary orders and communicating the court’s directives to all stakeholders.
Get Latest News Live on Times Now along with Breaking News and Top Headlines from India and around the world..
