Kerala HC issues contempt notice to official over elephant regulation violations

Kochi: The Kerala High Court on Wednesday issued a contempt notice to an officer of the Cochin Devaswom Board under the Contempt of Courts Act for allegedly breaching its guidelines on the use of elephants during temple festivals. The action comes amidst growing concerns over the treatment of elephants at such events.

The court pointed to violations that took place during the Tripunithura Sree Poornathrayeesa Temple festival held from November 29 to December 6. It noted that on December 2, 15 elephants were cramped into a small space, disregarding the mandatory three-meter distance between each animal, as stipulated in the court's guidelines.

Last week, the court had directed the officer to file an affidavit explaining the alleged misconduct.

While the officer admitted to violations on only one day, he attributed it to non-cooperation from devotees, who accused the Devaswom official of disrupting temple rituals.

In response, the Court stated: "Will you disobey the Court's mandate just because some devotees say so? Sorry, we cannot accept this affidavit. We will initiate contempt proceedings for outright defiance of our directions. The state cannot descend into lawlessness. How dare you jeopardize lives? We have zero tolerance for such behaviour."

The Court further noted that the officer’s actions amounted to civil contempt and directed the registry to formally register a contempt case. The officer was ordered to respond by January 9, 2025. “We, therefore, direct the registry to formally register a Contempt of Court case and to issue a notice to the deponent Devaswom officer forthwith so that the deponent officer can respond to the same on or before January 9, 2025,” the court added.

During the proceedings, the court was informed about the deteriorating condition of a 65-year-old elephant. This prompted the bench to remark: "Elephants are symbols of Lord Ganapathi. Is this how we treat Lord Ganapathi? Why are we so cruel?"

The Court instructed the amicus curiae to consult experts regarding the determination of elephants' age and condition and to submit a report.

“We need some rules in place if captive elephants are to be paraded, existing captive elephants must be taken care of, there should be places to rehabilitate elephants that are unfit to parade. Who will rehabilitate these elephants and where does the fund come from," the court said and posted the matter to December 19.