Striking a balance between animal rights and temple customs, the Supreme Court asked Thiruvambadi and Paramekkavu Devaswams to strictly follow the Bandi Elephant (Management and Maintenance) Rules, 2012 during Thrissur Pooram. | Photo credit: KK Mustafa
Striking a balance between animal rights and temple customs, the Supreme Court on Thursday (December 19, 2024) asked the Thiruvambadi and Paramekkavu Devaswams to strictly follow the Captive Elephants (Management and Maintenance) Rules, 2012 during Thrissur Pooram while issuing any directions. The Kerala High Court found the law contrary to law.
Two devaswoms organizing the centuries-old annual festival of Thrissur Pooram approached the Supreme Court in November challenging the back-to-back orders of the Kerala High Court, which included instructions to maintain distance between elephants paraded during the festival. Three meters from each other.
“How do you expect elephants to maintain a distance of three metres? They will keep moving. It is unreasonable,” said Justice BV Nagarathna, Justice N. Addressing senior advocate Shyam Dewan, headed by a bench comprising Kotiswar Singh, appeared on behalf of VK Venkitachalam, the party opposing Devaswom’s appeal in the High Court.
Senior advocate Kapil Sibal and advocate Abhilash MR, representing the Devaswoms, alleged that the High Court had overstepped its judicial bounds in issuing sweeping festival-centric directions over and above the 2012 rules. Mr. Sibal criticized the High Court for violating the principle of separation of powers by making directions “in vacuo” without citing any instance of violation of rules by Pooram organizers or the provisions of the Prevention of Cruelty to Animals Act, 1960.
Mr Dewan argued that the High Court had only “supplemented” the rules, which it found insufficient to protect pachyderms.
“The court cannot supplement. There is a rule-making body. There is no complaint of violation in this case. The directive cannot be issued in a vacuum,” Justice Nagarathana said.
Mr. Dewan said the elephants were exposed to large crowds, loud noises and had to stand for hours under the burden of heavy decorations. During these festivals, they are made to travel long distances either by trucks or by walking on rough tarmac.
‘People know the risk’
Justice Nagarathana referred to the incident of wild elephants being electrocuted in the forest at this point. “At least domesticated elephants are safe. Besides, domesticated elephants cannot be released in the wild. They will not survive,” the judge said.
The judge said that those present at Pooram knew the risks.
‘People are aware. If something untoward happens, the Devaswams will pay the price. If anything happens to the devotees or the elephant, the Devaswams will be responsible,” Justice Nagarathana replied.
Mr. Sibal said that the 2012 rules were followed in T The High Court had unnecessarily “broadened” the rules.
He said the participation of elephants in Thrissur Pooram has been a mandatory religious practice since centuries.
“These elephants carry the temple deities and are the centerpiece of the festival, a symbol of power, divinity and Kerala’s cultural pride. This centuries-old festival is not just a religious event but a celebration of Kerala’s rich cultural heritage, arts and community spirit,” he submitted.
published – December 19, 2024 at 02:16 pm IST