Justice for Elephants: Kerala High Court Issues New Guidelines to Protect Elephants at Temple Festivals
Kerala, known for its vibrant temple festivals and majestic elephants, is witnessing significant changes following the Kerala High Court's recent ruling aimed at safeguarding the well-being of captive elephants used in these cultural celebrations.
With the increasing commercialization of festivals like the Thrissur Pooram, the court's decision has stirred up mixed reactions among temple committees, animal welfare advocates, and festival goers alike.
The court's directive emerged from concerns over the treatment of elephants paraded during temple events, with Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. presiding over the case. They deemed the exploitation of elephants - often justified as tradition - to be primarily commercial, stating, "We do not believe there is any religious practice requiring the use of elephants in festivals." This significant commentary raises questions about the cultural practices surrounding these majestic animals.
Between 2018 and 2024, Kerala has reported the deaths of 160 elephants, with the court stating nearly 33% of the captive elephant population had died over the past seven years. Such statistics starkly underline the alarming conditions these animals face within the festival circuit. The court carefully noted, "There is no greater proof of the exploitation for commercial gains mindless of their well-being than the statistics of captive elephant deaths."
Under the new guidelines, festival organizers must submit applications with specific details at least one month before the festival. These applications need to include routes for the elephant processions, venues, health certificates asserting the animals are not sick or injured, and information on potential ‘musth’ periods, which is when male elephants can become aggressive. This step not only aims to protect the elephants but also to mitigate risks associated with their public appearances.
Further conditions include mandations for rest periods of at least three days between exhibitions, ensuring elephants receive adequate food and continuous access to clean water. The court also specified logistical measures such as limiting transport distances for elephants to 30 km daily and ensuring they are not paraded on public roads between the hours of 9 AM and 5 PM.
Among the other noteworthy regulations are the prohibition of the use of capture belts and any cruel methods of managing elephants, particularly during high-stress situations. Justice Nambiar stated, "No elephant should be made to walk for more than 30 km for transportation, and when transported, they must not exceed six hours under any circumstance." This highlights the court's commitment to animal welfare, even as it considers the practicalities involved in traditional celebrations.
Despite the court's intention to protect elephants, the ruling has been met with dissatisfaction from various temple committees. Key figures, such as K. Girish Kumar, secretary of the Thiruvambady Devasom, expressed their concerns by stating, "If the fresh guidelines are implemented, then temple festivals, like the Thrissur Pooram, will not happen the way they used to." Kumar's remarks reflect broader apprehensions about the sustainability of cultural practices under stringent regulations.
The Thrissur Pooram, which typically features around 150 elephants, may have to find alternate venues if the road widths are deemed inadequate to accommodate the new spacing mandates of three meters between each elephant. Critics argue this could mean relocating the celebrations to open fields, stripping them of their traditional charm.
Adding to the tension, festival lovers and organizers are creating coalitions to fight the restrictions, indicating plans for legal action. The Pooram Premi Sangham, representing enthusiasts of the festival, condemned the guidelines as attempts by "foreign forces" to undermine local culture. This sentiment reflects the passionate attachment many have for the vibrant traditions surrounding Kerala’s temple festivities.
While the court's ruling is primarily aimed at ensuring humane treatment of elephants, it has ignited debates about the future of these cherished festivals. Various community members feel caught between the need for animal welfare and preserving cultural expressions unique to Kerala.
Although locals clearly want to honor tradition and maintain their festivals, the push for reform and commitment to animal rights shows society's changing dynamics on ethical treatment and commercial exploitation of animals.
Moving forward, the challenge lies not just with the enforcement of these guidelines, but also with finding common ground where cultural practices can coexist with the dignified treatment of these gentle giants. The much-celebrated elderly elephants, once regarded as symbols of festival prestige, now bear the weight of social responsibility on their backs.
Looking forward, stakeholders including temple committees, animal welfare organizations, and local government officials will need to cooperate closely to establish best practices ensuring festivals can continue without compromising the well-being of the elephants. The collective aim should remain the same—celebration and reverence for tradition, coupled with compassion for all beings. Only through collaboration can both the grandeur of Kerala's festivals and the dignity of its elephants be preserved.
