Kerala High Court Dismisses Cochin Devaswom's Application For Exemption From Interim Guidelines On Use Of Elephants During Temple Festival

The Kerala High Court dismissed an application by the Cochin Devaswom Board (CDB) seeking exemption from the directive to maintain a three-metre distance between elephants during the Poornathrayeesa Thripunithura temple festival, Vrishchikolsavam, as reported by Bar & Bench.

A bench comprising Justices A K Jayasankaran Nambiar and Gopinath P emphasised animal welfare and asserted that religious practices must comply with constitutional principles.

"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," Justice Nambiar remarked.

The court clarified that traditions involving elephants could continue, provided they do not compromise welfare standards.

"We refuse to believe that Hinduism is so fragile that it will collapse without the presence of an elephant," Justice Nambiar said.

CDB’s counsel argued that parading 15 elephants is integral to the festival's rituals.

The court countered, stating that traditions must align with constitutional mandates unless it is proven that the religion cannot sustain itself without such practices.

Justice Gopinath noted, "Until you show that without the elephants the religion ceases to exist (aana illenkil Hindu religion motham illandaavum enn kanikyan pattillenkil), there is no question of an essential religious practice".

The High Court in July 2021 had initiated suo motu public interest litigation (PIL) petition to address animal cruelty.

At present, the Court in this case is focusing on the well-being of captive elephants which are often subjected to harsh conditions during parades and festivals.

On 13 November, the Bench had issued interim guidelines to prevent cruelty on pachyderms and asked the authorities to ensure compliance with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.

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