Supreme Court Stays Kerala HC's Directions On Use Of Elephants For Temple Festivals Which Are Contrary To 2012 Rules

The Supreme Court on Thursday (December 19) effectively stayed the restrictions imposed by the Kerala High Court for the use of elephants in temple festivals.

The Court ordered that any direction issued by the High Court contrary to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 would remain stayed.

A bench comprising Justice BV Nagarathna and Justice NK Singh passed the order in an appeal filed by the Thiruvambady and Paramekkavu devaswoms, which hold the iconic Thrissur Pooram (festival) in Kerala.

The bench orally remarked that the High Court's directions were "impractical" and asked how could the High Court frame rules, substituting the rule-making authority.

The High Court issued various directions mandating a minimum 3-meter distance between two elephants, minimum distance of 8 meters from the elephant to the public and any percussion display, minimum distance of 100 meters from any place where fireworks are used. The High Court further prescribed that elephants must get a minimum of 3-days rest between two exhibitions.

The HC bench comprising Justice AK Jayasankaran Nambiar and Justice P Gopinath observed that the use of elephants in festivals was not an essential religious practice.

The temple devaswoms appealed to the Supreme Court saying that the High Court's directions were impractical and would bring the conduct of poorams (temple festivals) to a grinding halt.

Case : Thiruvambady Devaswom and another v. Union of India |SLP(C) No. 30389-30390/2024