Supreme Court stays Kerala HC's restrictions on use of elephants in temple festivals

New Delhi: The Supreme Court on Thursday stayed the restrictions imposed by the Kerala High Court on the use of elephants in temple festivals, ruling that any directions contrary to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would remain suspended.

A bench comprising Justice BV Nagarathna and Justice NK Singh passed the order while hearing an appeal filed by the Thiruvambady and Paramekkavu Devaswoms, organisers of the iconic Thrissur Pooram festival in Kerala.

During the hearing, the Supreme Court bench termed the High Court's directions as "impractical" and questioned the court’s authority to create rules, remarking that such powers are reserved for the rule-making authorities.

The Kerala High Court had earlier issued a series of directives regarding elephant usage in temple festivals. These included maintaining a minimum distance of 3 meters between two elephants, an 8-meter gap between elephants and the public or percussion displays, and a 100-meter buffer zone from areas where fireworks are used. Additionally, the High Court mandated a minimum rest period of three days for elephants between exhibitions.

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

Challenging these directives, the temple devaswoms argued before the Supreme Court that the High Court's restrictions were impractical and would severely hinder the conduct of temple festivals, including the renowned Thrissur Pooram.

The Supreme Court’s stay offers temporary relief to the temple authorities, allowing them to continue using elephants for festivals under the 2012 rules. Further hearings are expected to address the larger issues surrounding the matter.