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Synopsis

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.

A 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.

The High Court’s observation came during the hearing of a batch of writ petitions, highlighting the distress and exploitation faced by captive elephants in Kerala. The petitioners 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. Instead, extensions for compliance were repeatedly granted without meaningful enforcement. 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.”

Taking account of the concerning scenario, the court issued comprehensive guidelines for immediate implementation including :

1. The inclusion of a member nominated by the Animal Welfare Board of India in District Committees.
2. The name and identification details of the elephant/elephants proposed to be exhibited and also the date/dates on which such exhibition is proposed.
3. A health/fitness certificate showing that the elephant is not sick, injured, weak, disabled, or otherwise unfit for exhibition.
4. 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.
5. Assurance of adequate temporary tethering facilities and provision of food and water per existing regulations.
6. Maintenance of safe distances between elephants and the public, as well as flammable materials and percussion displays.
7. A stipulation of at least three days of rest for elephants between consecutive parades, excluding transportation time.
8. Restrictions on elephant transport, limiting it to 30 km of walking per day and 125 km by vehicle, with strict speed and rest requirements.
9. 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.

 

Cause Title: In Re Captive Elephants v. Union of India [W.P.(C)No.31520/2024]