Kerala temple trusts moves SC challenging restrictions on elephant management in Thrissur Pooram

New Delhi: The temple trusts of Thiruvambady and Paramekkavu Devaswoms have petitioned the Supreme Court challenging the restrictions imposed by the Kerala High Court on elephant management in Thrissur Pooram.

Billed as the "mother of all festivals" in Kerala, the Thrissur Pooram was started by Sakthan Thampuran, the Maharaja of the erstwhile Kochi state, in the late 18th century.

The most keenly watched event of the Pooram festivities is the elephant parade -- of more than 50 jumbos, besides the firecracker displays, that starts in the afternoon and continues till the early hours of the next day.

The special leave petition filed before the apex court said that the Kerala HC erred in issuing directions for festival-specific matters without any violation of the Central statute such as the Prevention of Cruelty to Animals Act, 1960 or the 2012 Rules.

It added that judicial interference was warranted only in the absence of a statutory framework and by ignoring the robust statutory scheme provided by the 2012 Rules, the Kerala High Court "has arbitrarily supplanted the role of the legislature and executive in regulating such festivals".

The appeal, filed through advocate Abhilash M.R., said that the "spatial restriction" mandating a minimum distance of 3 meters between elephants brings the historic festival to a grinding halt, as the thousand-year-old venue, theVadakkumnathan Temple, integral to Thrissur Pooram, cannot accommodate such constraints.

"This venue, with its traditional layout, has been the epicentre of the Pooram for centuries and the direction by the Kerala High Court disregards the significance of the historic and UNESCO-recognised tradition," it added.

The Kerala High Court had restrained the use of elephants in the state's temples on the pretext of tradition, while considering a batch of writ petitions for the prohibition of cruelty against captive elephants in Kerala by their parading and exhibition in temples and festivals.

In its impugned decision, the Kerala HC said: "We do not believe that there is any essential religious practice of any religion that mandates the use of elephants in festivals. In other words, the animal is treated as a tradable commodity with its owner or custodian being concerned only with commercial returns. Reportedly, the 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."

It took note of the submission that between 2018-2024, 160 captive elephants have died or in other words, in Kerala, for the years 2018-2024, nearly 33 per cent of the total number of recorded captive elephants (509 in 2018) have died during this short period of seven years.

Looking into all aspects, the Kerala High Court ordered that henceforth, festival organisers must submit applications with all the relevant details before the authorities concerned at least one month prior to the festival.

It also directed the authorities concerned that they should ensure that elephants must get a rest period between two exhibitions which will not be less than three days; besides, the exhibitors have to ensure that elephants are given sufficient food, a continuous supply of potable water and a temporary tethering facility which is clean and spacious.

Further, it ordered that elephants must not be paraded on public roads between 9 a.m. and 5 p.m. and they should not be transported between 10 p.m. and 4 a.m besides elephants must get at least eight hours of rest during a continuous period of 24 hours.