If Elephants Are Not Protected Next Generation Would See Them In Museums, Like Dinosaurs: Kerala HC In Pleas To Prohibit Parading In Festivals
Tellmy Jolly
5 Nov 2024 6:04 PM IST
While hearing a batch of pleas concerning prohibition of cruelty against captive elephants in Kerala, the High Court on Tuesday (November 5) orally remarked that if the animal is not protected and the numbers keep dwindling, the next generation would see the animal in museums, just the way we see Dinosaurs.
The high court, which is considering formulation of guidelines to prevent cruelty to elephants especially those paraded in festivals, further orally said that while one can observe their traditions and customs but it should not be at the "misery of others". It further orally said that as a constitutional court it cannot shut its eyes to an "essential religious practise" which causes causing cruelty to animals.
In the last hearing, a division bench of Justice A K Jayasankaran Nambiar and Justice Gopinath P had sought for suggestions from all stakeholders to frame guidelines to prevent cruelty to elephants paraded for festivals and other functions. During the hearing on Tuesday the Amicus Curiae appointed in the matter presented before the High Court a statement proposing the introduction of reasonable restrictions in parading elephants for festivals in Temples.
The Amicus Curiae further submitted that captive Elephants used for processions face "unimaginable suffering" due to long hours of parading, excessive noise, harsh handling, inadequate health checks and lengthy journeys without proper rest. It was stated that improper handling of Elephants without adequate care can lead to premature deaths and cause extreme aggression in Elephants which causes threat to the general public also.
The Amicus submitted that there must be "Pre Parading Precautions" to prevent long hours of transportation of Elephants. “Under no circumstances, the period of transportation should be treated as a period of rest. Mandatory rest of 24 hours must be ensured after each parading regardless of the close proximity of the next place of parade," he said.
The Amicus also stated that Elephants must not be used for private functions or inaugurations and it must be ensured that sick, weak, injured, disabled or Elephants in musth or above 65 years of age must not be paraded.
It was also stated that the parading of Elephants must be restricted to registered temples/churches/mosques and rituals associated to it. It was stated that Elephants must not be used for introduction of any new rituals or for revival of any old rituals. It was stated that activities like head lifting contest, saluting, showering of flowers etc. should be prohibited.
Amicus stated that permission for parading Elephants must be obtained from District Committee constituted under the Captive Elephants (Management and Maintenance) Rules. The Amicus has also outlined guidelines to be followed to ensure that there is sufficient space and distance and no congestion caused to Elephants. It also stated that the diet of the Elephant must also comply with the Rules.
It was also suggested to make a digital register of Elephants district-wise with real-time entries established by a competent Officer of Forest & Wildlife Department to keep a tab on their activities on a daily basis. It was also suggested that there must be toll-free numbers to which persons can contact on witnessing instances of cruelty to the Elephants.
The Amicus also stated that there must be strict monitoring of elephants that are brought in for parading. It was also suggested that there must be greater restrictions in place for bringing more than five Elephants in case of major events.
In response to the arguments that parading elephants in Temple festivals is part of traditions and customs, the High Court orally asserted the need for a holistic approach, emphasizing that elephants paraded during temple festivals must be properly cared for.
“Suppose there is an essential religious practise that is causing cruelty to animals, we can't ignore it, we can't shut our eyes to it, we are Constitutional Courts……Just because you had a tradition 2500 years ago, let's go further, let's go even beyond that…you had human sacrifice, that was also tradition," the court said.
The High Court further orally noted that many Elephants are dying every year, causing their numbers to dwindle significantly. It orally said, “If you don't stop this and provide proper care to these animals, the next generation will see them like you today see Dinosaurs…...in a museum.”
The Court stated that the oldest religions like Hinduism and Buddhism show reverence to animals, unlike later religions that emanated from the West. “Have your traditions, have your customs, but not at the misery of others….We need not remind you that the Constitution under which you are all governed by expects you to display humanism”, added the Court.
The Court went on to state that it would formulate basic guidelines to prevent cruelty and to ensure that basic rights are upheld. It stated that the guidelines would remain in force until the government enacts legislation. The Court stressed the need to formulate the guidelines without delay before the next festival season begins.
The matter has been posted to November 12 for further hearing and for framing of guidelines.
Case Number: WP(C) 31520/ 2024 & Connected Cases
Case Title: In Re Captive Elephants V Union Of India & Connected Cases
