Supreme Court suspends Kerala HC's restrictions on use of Elephants in Thrissur Pooram

New Delhi: The Supreme Court on Thursday suspended the restrictions imposed by the Kerala High Court on the use of elephants in temple festivals, observing that it was practically impossible to comply with the directions in short time for the programme to be held on January 5, 2025.

A bench of Justices B V Nagarathna and N Kotiswar Singh passed the orders on a plea by the management committees of Thiruvambady and Paramekkavu Devaswoms, the two major participants of the famed 'Thrissur Pooram'.

The petitioners challenged the high court's guidelines for the elephant parade.

"Festival is coming up on January 5, and it is practically impossible to comply with the directions issued by the high court,” the bench said.

The court ordered that any direction issued by the HC contrary to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would be put on hold.

The bench, however, clarified the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, should be strictly complied with both letter and spirit.

“In the circumstances, any direction which has been issued by the High Court contrary to the rules shall remain stayed,” the bench said in its order.

During the hearing, the bench wondered how the high court could frame rules, substituting the rule-making authority.

As a counsel claimed elephants are made to walk on the road, which is not beneficial for the animal, senior advocate Kapil Sibal, representing the petitioners, however, said they water the tarmac road.

The counsel further argued, referring to a circular in 2019, that increase in mortality of captive elephants in recent times is suspected to be caused by improper upkeep, poor management without considering biological requirements, and lack of timely treatment.

The counsel also claimed that captive elephants are being exploited for commercial gains. Sibal said his clients are complying with the rules.

The bench also felt there cannot be directions in the vacuum if there are no complaints of violation.

The HC guidelines included that no procession of elephants on public roads should be permitted between 9 am to 5 pm and the elephants should not be exhibited for a period of more than three hours.

Sibal questioned the basis of these guidelines and pointed out that the rules does not say so.

“All this has to be stayed. This is not something High Courts should be doing. It is for them to petition the state and ask them to formulate rules," Sibal said.

He said the 200-year-old festival cannot be allowed to be stymied in this fashion.

The bench also noted 9 am to 5 pm is the time period to carry out the procession.

The management committee had contended that if the guidelines of the high court were implemented, it would bring the two-century-old festival and a celebration of the state's rich heritage to a "grinding halt".

The HC had issued two orders on November 13 and 28 directing temples to strictly adhere to the restrictions imposed on the elephant parade.

The order mandated a minimum distance of three metres between two elephants during the parade, a minimum distance of five metres from the elephant and the flambeau (fire pole) or any other source of fire, a minimum distance of eight metres from the elephant to the public, and any percussion display.