New Delhi: The Supreme Court on Thursday put on hold the restrictions imposed by the Kerala High Court on the use of elephants in temple festivals. The management committees of Thiruvambady and Paramekkavu Devaswoms, the two major participants of the famed 'Thrissur Pooram' moved the top court challenging high court’s guidelines for the elephant parade.
The matter came up before a bench comprising justices BV Nagarathna and NK Singh. "Festival is coming up on January 5, and it is practically impossible to comply with the directions issued by the high court”, noted the bench. The bench said any direction issued by the high court contrary to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would be put on hold.
Justice Nagarathna said Kerala Captive Elephants (Management and Maintenance) Rules, 2012, should be strictly complied with both letter and spirit. “In the circumstances, any direction which has been issued by the high court contrary to the aforesaid rules shall remain stayed”, said Justice Nagarathna, while pronouncing the order.
During the hearing, the bench asked how could high court frame rules, substituting the rule-making authority? A counsel pointed at making elephants walk on the road and emphasised that it is not beneficial for the animal. Senior advocate Kapil Sibal, representing the petitioners, said they water the tarmac road.
The counsel further argued, referring to a circular in 2019, that increase in mortality of captive elephants in recent times is suspected to be caused by improper upkeep, poor management without considering biological requirements, and lack of timely treatment.
Justice Nagarathna said the concerned authorities could have been directed .The counsel insisted that captive elephants are being exploited for commercial gains. Sibal said his clients are complying with the rules and nobody has said that his clients are complying with the rules. Justice Nagarathna said there cannot be directions in the vacuum and there are no complaints of violation.
The bench was informed that the high court guidelines include that no procession of elephants on public roads should be permitted between 9 am to 5 pm and the elephants should not be exhibited for a period of more than three hours. Sibal questioned the basis of these guidelines and pointed out that the rules does not say so, and added, “All this has to be stayed. This is not something high courts should be doing. It is for them to petition the state and ask them to formulate rules….”. Sibal said this over 200-year-old festival and it cannot be allowed to be stymied in this fashion. Justice Nagarathna said 9 am to 5 pm is the time period to carry out the procession.
The management committee had contended that if the guidelines of the high court were implemented it would bring the two-century-old festival and a celebration of the state's rich heritage to a "grinding halt". The high court had issued two orders on November 13 and 28 directing temples to strictly adhere to the restrictions imposed on the elephant parade.
The order mandated a minimum distance of three metres between two elephants during the parade, a minimum distance of five metres from the elephant and the flambeau (fire pole) or any other source of fire, a minimum distance of eight metres from the elephant to the public, and any percussion display.
