SC order on elephants in temple fests turns focus on decades-old tussle in Kerala: Culture vs safety

The Supreme Court's order on Thursday, effectively staying restrictions imposed by the Kerala high court on the use of elephants in temple festivals may have, for now, resolved the latest battle between tradition, heritage, and culture on one side, and safety of both elephants and the public on the other -- but the larger war is likely to continue.

- Vishnu Varma

In that stayed ruling delivered on November 14, a high court bench, comprising justices AK Jayasankaran Nambiar and Gopinath P, went above and beyond the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 while deciding on a suo motu case regarding cruelty to elephants.

Thus, while the rules mandated "sufficient space" between elephants in parades, allowed processions on roads in early mornings and evenings and did not specify how long the elephants could be displayed, the court mandated a three-metre gap between elephants, a ban on processions on public roads between 9 am and 5 pm, and a minimum of eight hours rest for the pachyderms in 24 hours.

The high court's insistence on adherence to the guidelines issued understandably touched a raw nerve among temple festival committees and large fan clubs of captive elephants in the state. Its order was appealed in the Supreme Court by the Thiruvambady and Paramekkavu Devaswoms, organisers of Kerala's iconic Thrissur Pooram festival. They, and other organising committees, claimed that for centuries, elephants have occupied a central place in major temple festivals and used primarily to carry the deities.

The high court highlighted its seriousness by ordering, on December 11, a contempt of court case against the Devaswom officer at the Sree Poornathrayeesa Temple in Thrippunithura for flouting these guidelines at the annual festival of the in the first week of December.