We Don't Believe That There Is Any Essential Religious Practice That Mandates The Use Of Elephants In Festivals: Kerala HC Issues Guidelines For Welfare Of Captive Elephants

TheKerala High Court has issued strict directives to enforce the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.

The Court noted that elephants in captivity are extensively used in religious festivals in the State  and their use is often sought to be justified on the touchstone of tradition and religious practice.

"We do not believe that there is any essential religious practice of any religion that mandates the use of elephants in festivals. We do not, however, propose to say anything more at this stage since our focus now is merely to regulate the practice of parading elephants during festivals", the Division Bench of Justice AK Jayasankaran Nambiar and Justice Gopinath P observed in the order.

This decision follows a series of reports highlighting instances of neglect and exploitation, especially during high-profile temple events across Kerala.

The Court’s directions mandate provisions for adequate food, water, and rest for elephants used in public events. Among the key stipulations are mandatory rest periods of at least eight hours within a 24-hour period and a limit on continuous exhibition to three hours. Additionally, elephants are barred from public road parades between 9 a.m. and 5 p.m., and the transportation of elephants is restricted to between 10 p.m. and 4 a.m. In cases where elephants must walk, they are restricted to a maximum of 30 kilometers per day. Distances beyond this limit must be covered in government-approved vehicles to reduce stress and physical strain.

The Court highlighted the importance of tethering sites that adhere to specific criteria, ensuring proper shelter with adequate ventilation, drainage, and continuous access to clean drinking water. Each site must meet the minimum size requirements of 9 meters by 6 meters with a height of 5.5 meters, allowing the elephants room to move. Shade, natural flooring materials, and regular waste removal are also required, aiming to prevent unsanitary conditions that may lead to infections and other health risks.

The Bench directed festival organizers to seek permission from district authorities at least a month before an event. Applications must include detailed elephant identification, exhibition dates, the planned procession route, and a veterinary certificate indicating the animal’s health, recent milk periods, and any history of aggressive behaviour. Organizers must demonstrate that all arrangements meet welfare standards before receiving approval. 

"The parading elephants without adequate shelter overhead clearly amounts to cruelty. We are therefore of the opinion that arrangements have to be made to ensure that the Elephant is not pararded or made to stand at a particular place for more than 10 minutes without shade. The festival organizers have to ensure that necessary arrangements are made to provide for adequate roofing when an elephant is paraded," the Court said. 

Additionally, the Court specified that festivals or exhibitions should not deploy so-called “Elephant Squads” that may impose undue stress or mistreat elephants in public settings.

Furthermore, the Court prohibited using “capture belts” or similar devices designed to subdue elephants in distress, marking them as inhumane and a potential source of physical and psychological harm. Fireworks and fire-based activities, common at temple festivals, must be set at least 100 meters away from parading elephants. Procession routes should minimize exposure to extreme heat, with checkpoints for food and water along the route to prevent exhaustion and dehydration.

Reflecting on a pattern of non-compliance, the Court criticized the Kerala government’s continued extensions on enforcing the 2012 Rules, despite explicit directives from the Supreme Court. It expressed concern over the state’s neglect, highlighting that delays in implementing welfare measures have directly contributed to a rise in elephant deaths. Drawing a stark comparison, the Bench compared the conditions of captive elephants in Kerala to those in the infamous Nazi extermination camp, Treblinka, calling attention to the ethical obligation to treat animals with respect and compassion.

The Court noted that despite its ongoing public interest litigation (PIL) initiated in 2021, efforts by the Kerala government to address animal welfare have fallen short. While the state has proposed draft amendments aimed at improving the welfare of captive elephants, the Bench observed significant gaps, especially regarding rest intervals, diet, and health monitoring. Given these concerns, the Court encouraged input from stakeholders, including NGOs, elephant owners, and temple committees, to collaboratively develop guidelines that can serve as a stopgap until the full enforcement of the 2012 Rules.

Highlighting the urgency, the Court cited recent data underscoring a concerning decline in Kerala’s captive elephant population, attributing the trend to poor living conditions and commercial exploitation. The ruling aligns with the Supreme Court’s directives in Wildlife Rescue and Rehabilitation Centre & Ors. v. Union of India (2016), where humane treatment of elephants was emphasized.

"We are clear in our mind, in the facts of the present case, that we are not in the process of making any law while issuing the directions that we propose to issue in this case. At best, we are only filling up the ‘gaps’. We are only ensuring the proper implementation of the 2012 Rules also taking note of the fact that though the Supreme Court had directed its strict implementation as early as on 18.08.2015, the State and its officials have failed to implement the directions and have in fact conveniently chosen to ignore the directions issued by the Supreme Court," the Court observed adding that the order aims to bridge regulatory shortcomings while awaiting the full implementation of protective measures.

The Court directed the Principal Secretary of the Forests and Wildlife Department to submit an affidavit detailing the rationale behind government orders that extended deadlines for enforcing the 2012 Rules. Specifically, the affidavit must clarify compliance with the Supreme Court's rulings and provide reasons for any observed non-compliance.

"We direct the Principal Secretary, Forests and Wildlife Department, Government of Kerala to place on record an affidavit explaining the circumstances under which G.O (Ms.) No. 19/2022/F&WLD dated 20.4.2022 or any later G.O on similar lines has been issued, in the face of the directions issued by the Supreme Court of India. The affidavit shall also indicate whether the orders issued by the Supreme Court referred to above have by now been complied with and if not the reason for non-compliance. The competent authority of the Government of Kerala shall ensure strict implementation of the aforesaid directions and guidelines, if necessary, by issuing necessary orders and communicating the directions/guidelines framed by this Court to all stakeholders," the Court directed. 

Cause Title: In Re Captive Elephants v. Union of India & Ors. [W.P.(C)No.31520 of 2024]

Appearance:-

Respondents: Deputy Solicitor General of India, CGC Jaishankar V. Nair,  Achuth Krishnan R, Addl AG Asok M. Cherian, Addl PP P. Narayanan, Govt. PleaderT.S. Shyam Prasanth, Senior Advocate M.R. Hariraj,  Senior Advocate Dhanya P. Ashokan, Senior Advocate P.B. Krishnan, Senior Advocate P.K. Suresh Kumar, Advocates Ysha Youseff, Manu Govind,  Ganga A. Sankar, Rejivue K.C., Thanuja Roshan, Chackochen Vithayathil, Vishnu Rajagopal, Viswajith C.K., Gisha G. Raj, Alina Anna Kose, Karthika Ganesh, P.I. Raheena, Vishnu Prasad N.K., Sandhra Maria Sebastian,  V.M. Krishnakumar, P.S. Sidharthan, K. Sandesh Raja, Denu Joseph, Aswin T. Suresh, Muhiseena V.Z., , Gayathri Muraleedharan, Ramakrishnan M.N., Arathy P.,  Bhanu Thilak, S.R. Prasanth,  Anjali Menon, V. Sreejith Mansoor B.H., Sakeena Beegum, Shankar V., T.H. Abdul Azeez, Mohammed Sadique T.A., K.P. Majeed, K.M. Mohammed Yusuff, n, Advocates P.B. Subramanyan, Sabu George, B. Anusree, Manu Vyasan Peter, G. Sreekumar

Click here to read/download the Order