Elephant parading not an essential religious practice; Kerala High Court

Kochi; The Kerala High Court has clarified that its directive to maintain a three-meter distance between elephants during festival parades was issued with public safety in mind, emphasising that parading elephants is not an essential religious custom. A Bench comprising Justice A.K. Jayasankaran Nambiar and Justice P. Gopinath emphasized that the rule of law, rooted in the Constitution, prevails and not the authority of royal traditions. The court urged temple authorities, including Devaswoms, to set aside their resistance to these regulations.

The High Court’s earlier guidelines on elephant parades had faced significant backlash, prompting various Devaswoms to approach the court for a review. The Poornathrayeesa Temple authority in Thripunithura argued that adhering to the three-meter spacing would make it impossible to parade their customary 15 elephants. However, the court clarified that it would not intervene if the practice were deemed an essential religious custom, as clarified by the Supreme Court itself. It noted, however, that the parading of elephants does not qualify as such.

'Current conditions are different'
The court further pointed out that current conditions are vastly different from when the tradition began, with larger crowds now attending these festivals. It reiterated the Supreme Court’s mandate to maintain a safe distance between elephants during parades, estimating it at three meters. The Bench stated that requests to reduce this distance could be considered only if supported by substantial evidence but stressed that no other relaxations would be permitted.

This is not the High Court’s directive but an order of the Supreme Court. The Bench explained that their role is limited to providing guidelines for its implementation, adding that non-compliance would invite strict action. It clarified that the district collectors will be tasked with overseeing the implementation of these guidelines.
The High Court’s extensive guidelines for parading elephants include maintaining a three-meter gap between elephants, a five-meter distance from fire torches (theevetti), and an eight-meter buffer for spectators. These guidelines also provide adequate food, water, and rest for elephants and prohibit their parading on public roads between 9 am and 5 pm.
The court’s decision came in response to increasing reports of neglect and exploitation of elephants, particularly during major festivals across Kerala.