New Delhi: The Supreme Court has issued an interim order staying the Kerala High Court’s restrictions on the use of elephants in temple festivals. The stay suspends the implementation of the High Court’s directives that went against the Kerala Captive Elephants (Management and Maintenance) Rules, 2012. The order came after an appeal was filed by the Thiruvambady and Paramekkavu Devaswoms, the organisers of the iconic Thrissur Pooram festival, challenging the High Court’s decision.
In its ruling, the Supreme Court bench, comprising Justice BV Nagarathna and Justice NK Singh, described the Kerala High Court’s directions as “impractical” and questioned the court’s authority to impose such regulations, stating that rule-making powers are vested in the appropriate authorities, not the judiciary.
Earlier, the Kerala High Court had imposed several stringent conditions on the use of elephants during festivals, such as maintaining a 3-meter distance between elephants, an 8-meter gap between elephants and the public or music performances, and a 100-meter buffer from fireworks areas. Additionally, it mandated a minimum three-day rest period between elephant exhibitions. The High Court had argued that using elephants in festivals is not an essential religious practice.
The temple authorities, in their appeal, argued that the High Court’s restrictions were unfeasible and would disrupt important festivals, including the Thrissur Pooram. The Supreme Court’s temporary stay allows the continued use of elephants under the existing 2012 rules. Further hearings will address the broader legal and welfare concerns surrounding the issue.
