Kerala HC observes parading elephants is not essential to faith, issues regulations

The Kerala High Court has issued guidelines to regulate the use of elephants in festivals, aiming to ensure their well-being by limiting the number of elephants based on available space, capping parade durations to three hours, and mandating rest periods of at least three days between exhibitions.

The court observed that while the extensive use of captive elephants in religious festivals in Kerala is often justified on the grounds of tradition and religious practice, it did not consider the use of elephants to be an essential religious requirement of any faith. However, it refrained from making further comments, stating that its current focus was solely on regulating the practice of parading elephants during festivals.

These measures were introduced in response to concerns about the welfare of captive elephants, with nearly 33 per cent of such animals in Kerala reported to have died in the past seven years.

The court's decision stems from suo motu proceedings addressing the government’s inaction in protecting animal rights. It called for strict enforcement of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, along with compliance with a previous Supreme Court judgment on wildlife protection.

The new guidelines also stipulate that elephants should not be paraded on public roads during the day and that temporary tethering facilities should be clean and spacious. The court emphasised that the extensive use of captive elephants during festivals, while often justified on cultural grounds, is not an essential religious practice. The directive aims to regulate rather than eliminate the practice.

The guidelines have caused concern among organisers of Kerala’s traditional festivals, particularly the Thrissur Pooram, where decorated elephants are a major attraction. Organisers argue that the restrictions could significantly impact the festival's iconic elements, including traditional performances involving elephants.

In response, the state government has stated that it will examine the court’s directives and consider filing an appeal. Officials have also assured steps to facilitate the smooth conduct of festivals in line with traditional practices while adhering to animal welfare norms.