Kerala HC Allows Use Of Elephants Only To Push Chariots For Negotiating Curves During Temple Festival, Issues Directions To Ensure No Cruelty
The Kerala High Court has permitted three temples to use elephants to push chariots only for negotiating curves, if required, for temple festivals since it was a centuries-old tradition, subject to compliance with all safeguards and directions by the Court.The temple committee members approached the High Court seeking permission to deploy services of elephants/tuskers for pushing the chariots...
The Kerala High Court has permitted three temples to use elephants to push chariots only for negotiating curves, if required, for temple festivals since it was a centuries-old tradition, subject to compliance with all safeguards and directions by the Court.
The temple committee members approached the High Court seeking permission to deploy services of elephants/tuskers for pushing the chariots in three temples.
Justice Devan Ramachandran stated that all necessary safeguards have to be followed to ensure that animals are not subjected to any cruelty or excessive fatigue. It also stated that the elephants should be used to push chariots only for negotiating curves, if required, and directed to ensure that the entire weight would not be shifted on them.
The Court further stated that elephants shall not be tortured using any weapon, including sticks or anything else.
The Court also directed the officials of the forest department to oversee and monitor the temple festival when elephants were being used to prevent any untoward incidents from happening. It also stated that the forest officials shall ensure the safety of devotees who flock during the festival.
The petitioners submitted that this ritual has been going on for several centuries and that elephants will only be used for pushing chariots, if required, to negotiate curves and no other – with it being otherwise pulled by more than 100 devotees.
The Government Pleader had raised objections regarding permitting the elephants to push chariots.
The Court noted that the centuries-old traditions have to be allowed. However, it stated that the petitioners have to follow all necessary safeguards.
“Resultantly, as an interim measure, I direct the Forest Officials to grant permission as sought for by the petitioner; however, subject to every other imperative and statutory condition being imposed and ensured to be complied with - including that the animals are not subjected to any cruelty or excessive fatigue; that they are used only to push the Chariots to negotiate curves, if required; and without the entire weight of it being shifted to them in any manner and at any point in time.”
Accordingly, the Court directed the Forest Officials to grant permission to the petitioners. And, also directed them to file a report before the court in this regard.
The plea was moved by Advocates P R Venkatesh, Asha P.Kuriakose, Lakshmi Meenakshi P R
Case title: Mahalakshmi Temple Car Festival Committee V Palakkad District Committee (Festival Monitoring)
Case number: WP(C) NO. 6054 OF 2024