The Kerala High Court has dismissed a plea from the Cochin Devaswom Board (CDB) seeking exemption from the guideline that mandates maintaining a three-meter distance between elephants during the Vrishchikolsavam festival at Poornathrayeesa Temple in Thripunithura. Justices AK Jayasankaran Nambiar and Gopinath P reinforced the importance of these regulations, underscoring their significance for the welfare of the elephants.
During the hearing, Justice Nambiar pointed out that the presence of elephants at religious festivals, though traditional, is not mandated by any Hindu scriptures and thus cannot be considered an essential religious practice. “If the use of elephants is not mandated by any scripture, then it is not an essential religious practice,” he remarked, challenging the necessity of reducing the required distance between elephants to less than three meters as argued by the CDB.
The advocate for the CDB, KP Sudheer, argued that parading 15 elephants is integral to the festival’s rituals and that adhering strictly to the guidelines would limit participation and disrupt longstanding traditions. However, the justices were firm in their stance that Hinduism’s resilience is not dependent on the inclusion of elephants in festivals. “We refuse to believe that Hinduism is so fragile that it will collapse without the presence of an elephant,” Justice Nambiar stated, emphasizing the adaptability of religious practices to contemporary ethical standards.
Justice Gopinath further clarified, “Until you show that without the elephants the religion ceases to exist… there is no question of an essential religious practice.” This perspective aligns with the court’s commitment to ensuring that religious practices comply with constitutional mandates, particularly those protecting animal welfare.
This decision is part of a broader judicial effort to address animal cruelty concerns, initiated by public interest litigation in July 2021. The interim guidelines issued on November 13, which include the festival registration and the spacing requirement, are in line with the Kerala Captive Elephants (Management and Maintenance) Rules of 2012.
