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NEW DELHI: In a significant ruling, the Supreme Court of India has upheld the restrictions imposed by the Kerala High Court on the use of elephants in temple festivals. The apex court’s decision comes as a relief to the Thiruvambady and Paramekkavu Devaswom, the organizers of the iconic Thrissur Pooram festival in Kerala.
The Supreme Court bench, comprising Justice BV Nagarathna and Justice NK Singh declared that any direction issued by the High Court contrary to the Kerala Captive Elephants Rules, 2012, would remain stayed. The bench remarked that the High Court’s directions were “impractical” and questioned the court’s authority to frame rules, which is the prerogative of the rule-making authorities.
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The Kerala High Court had issued several directives aimed at ensuring the welfare of elephants during temple festivals. These included maintaining a minimum distance of 3 meters between two elephants, an 8-meter gap between elephants and the public or percussion displays, and a 100-meter buffer from areas where fireworks are used. Additionally, the High Court mandated that elephants must get a minimum of three days of rest between exhibitions.
However, the temple devaswom argued that these restrictions were impractical and would severely hinder the conduct of temple festivals, including the renowned Thrissur Pooram. They contended that the High Court’s directions would bring the conduct of poorams (temple festivals) to a grinding halt.
The High Court bench, comprising Justice AK Jayasankaran Nambiar and Justice P Gopinath, had observed that the use of elephants in festivals was not an essential religious practice. This observation formed the basis for the High Court’s stringent guidelines.
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The Supreme Court’s stay offers temporary relief to the temple authorities, allowing them to continue using elephants for festivals under the 2012 rules. The court has scheduled further hearings to address the larger issues surrounding the matter.
The Thrissur Pooram is one of Kerala’s most important and celebrated festivals, attracting thousands of devotees and tourists each year. The festival is known for its grand procession of caparisoned elephants, vibrant music, and spectacular fireworks. The use of elephants in temple festivals has been a long-standing tradition, deeply rooted in the cultural and religious practices of the region.
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The Kerala Captive Elephants (Management and Maintenance) Rules, 2012, were established to ensure the welfare and proper management of captive elephants in the state. These rules set guidelines for the care, training, and use of elephants in various activities, including temple festivals.
The recent High Court directives were part of a broader effort to address concerns about animal welfare and safety during temple festivals. However, the temple devaswom argued that the restrictions were excessive and would disrupt the traditional and cultural significance of the festivals.
The Supreme Court’s decision to stay the High Court’s restrictions highlights the ongoing debate between ensuring animal welfare and preserving cultural traditions. The upcoming hearings will likely delve deeper into finding a balance between these two important aspects.
