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What TV doesn't, print can't; we deliver.
NEW DELHI: The Kerala High Court recently dismissed an application by the Cochin Devaswom Board (CDB) seeking an exemption from a directive to maintain a three-metre distance between elephants during the Poornathrayeesa Tripunithura temple festival, Vrishchikolsavam. This decision underscores the court’s commitment to animal welfare and the enforcement of constitutional principles over traditional practices.
A bench comprising Justices A K Jayasankaran Nambiar and Gopinath P highlighted that religious practices must adhere to constitutional values. Justice Nambiar remarked, “If the use of elephants is not mandated by any scripture, then it is not an essential religious practice. We are not saying not to have elephants. For sustaining the faith of the people and the religious fervour, it is fine to have elephants, but you have to substantiate that a distance less than 3 metres is justifiable.” This statement clarifies that traditions involving elephants can continue, provided they meet welfare standards.
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The court emphasized that Hinduism is robust and does not depend on the presence of elephants. Justice Nambiar asserted, “We refuse to believe that Hinduism is so fragile that it will collapse without the presence of an elephant.”
The CDB’s counsel argued that parading 15 elephants is integral to the festival’s rituals. However, the court countered that traditions must align with constitutional mandates unless it is demonstrated that the religion cannot sustain itself without such practices. Justice Gopinath noted, “Until you show that without the elephants the religion ceases to exist, there is no question of an essential religious practice.”
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In July 2021, the High Court initiated suo motu public interest litigation (PIL) to address animal cruelty. The current focus is on the welfare of captive elephants, often subjected to harsh conditions during parades and festivals. On November 13, the Bench issued interim guidelines to prevent cruelty to pachyderms and directed authorities to ensure compliance with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.
These measures highlight the court’s dedication to protecting animal welfare while respecting cultural and religious practices, ensuring that traditions evolve to meet modern ethical standards.
