Elephant Fitness Certificate, 3-Days Rest, 3-Hrs Cap On Parading: Kerala HC Issues Directions To Prevent Cruelty During Temple Festivals

The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P. thus issued certain directions for effective implementation of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 and to ensure compliance of Apex Court's decision in Wildlife Rescue and Rehabilitation Centre and others Vs. Union of India (2016).

The Court was considering a batch of writ petitions for the prohibition of cruelty against captive elephants in Kerala by their parading and exhibition in Temples and festivals.

“We do not believe that there is any essential religious practice of any religion that mandates the use of elephants in festivals. We do not, however, propose to say anything more at this stage since our focus now is merely to regulate the practice of parading elephants during festivals… In other words, the animal is treated as a tradable community with its owner or custodian being concerned only with commercial returns. Reportedly, the festivals in Kerala are now so commercialised that even before a festival there is a war or a sort of competition amongst temple committees tasked with the conduct of festivals regarding the number of elephants being paraded as well as the fame of particular elephants/elephants being paraded.”

The Court noted that in Wildlife Rescue (supra), the Apex Court had taken note of the cruelties faced by captive Elephants in the State and issued directions to ensure that they are not subjected to any cruelty by parading them.

The Court has stated that it was not making laws, but only filling the 'gaps' in the Rules for its proper implementation. It found that between 2018-2024, 160 captive elephants have died and stated that this is a matter of 'serious concern'.

Court stated, "There is no greater proof of the fact that captive elephants are being exploited for commercial gains mindless of their well-being than the statistics of captive elephant deaths in the State of Kerala for the years 2018-2024 which indicate that nearly 33% of the total number of recorded captive elephants (being 509 in the year 2018) have died during this short period of seven years. Thus, there has been a significant reduction in the captive elephant population in the State."

The Court issued the following directions:

• a representative nominated by the Animal Welfare Board of India will also be included as a member of the District Committee formed under Rule 10 to prevent cruelty towards captive elephants.
• festival organizers must submit application with all the relevant details before the District Committee at least one month prior to the festival.
• the application must include routes of the procession where Elephants are paraded, venue, health/fitness certificate stating that Elephants are not sick or injured, details regarding the musth period with a certificate from a veterinary surgeon
• District Committee must ensure that Elephants must get rest period between two exhibitions which will not be less than 3 days
• exhibitors have to ensure that Elephants are given sufficient food, a continuous supply of potable water and a temporary tethering facility which is clean and spacious
• District Committee must ensure that there is sufficient space for exhibition or parading of Elephants. It said, “In other words, the number of Elephants that can be paraded will depend on the availability of space enabling the maintenance of the minimum distance fixed above inside the temple or any other place where the parade is proposed.” there must be a minimum of 3 meters distance between two Elephants, minimum distance of 5 meters from the elephant to flambeau, 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 and the place where the elephants are exhibited
• Elephants are not to be paraded on public roads between 9 AM and 5 PM
• Elephants not be transported between 10 PM and 4 AM and they shall not be exhibited for more than 3 hours continuously
• Elephants shall not be made to walk for more than 30 KM a day for transportation, Court said, "No elephant shall be made to walk for more than 30 KM a day for the purpose of transportation. All transportation above 30 KM shall be made by vehicle approved for the purpose. The transportation of the elephant shall not be made for more than 125 KM in a day by any means. No elephant shall be transported for more than 6 hours in a vehicle in a day and the speed of the vehicle shall not exceed 25 KM per hour while transporting an elephant. The officials of the Motor Vehicles Department shall ensure that Speed Governors are fixed on all vehicles engaged in the transport of elephants and that the maximum speed setting is set at the limit fixed above."
• Elephants must get at least 8 hours of rest during a continuous period of 24 hours
• owner/ custodian of Elephants to maintain registers as per the Rules
• no organizer or Devaswom Board shall permit the deployment of Elephant Squads during the parading or exhibition of Elephants for festivals.
• prohibited usage of capture belt or other crude and inhuman method of capturing elephants that may run amok or otherwise misbehave

The Court instructed the State Government to ensure strict adherence to its directions and ordered it to issue notifications informing all stakeholders about the guidelines laid down by the Court.

Case Number: WP(C) NO. 31520 OF 2024(S)

Case Title: In Re Captive Elephants v Union of India

Citation: 2024 LiveLaw (Ker) 718