SC asks Thrissur Pooram organisers to adjust to Captive Elephants Guidelines, stays Kerala HC instructions opposite to the regulation

Hanging a steadiness between animal rights and temple customs, the Supreme Courtroom has requested the Thiruvambady and Paramekkavu devaswoms to strictly adhere to the Captive Elephants (Administration and Upkeep) Guidelines, 2012 throughout Thrissur Pooram.
| Picture Credit score: Ok.Ok. MUSTAFAH

Hanging a steadiness between animal rights and temple customs, the Supreme Courtroom on Thursday (December 19, 2024) requested the Thiruvambady and Paramekkavu devaswoms to strictly adhere to the Captive Elephants (Administration and Upkeep) Guidelines, 2012 throughout Thrissur Pooram whereas staying any instructions issued by the Kerala Excessive Courtroom discovered opposite to the regulation.

The 2 devaswoms, which host the centuries-old annual pageant of Thrissur Pooram, had approached the apex court docket difficult the Kerala Excessive Courtroom’s back-to-back orders in November, which included instructions that elephants paraded on the pageant ought to preserve a precise distance of three metres from one another.

“How do you anticipate an elephant to take care of a three-metre distance? They’ll maintain transferring. That is impractical,” Justice B.V. Nagarathna, heading a Bench comprising Justice N. Kotiswar Singh, addressed senior advocate Shyam Divan, showing for V.Ok. Venkitachalam, a celebration within the Excessive Courtroom who’s opposing the devaswoms’ attraction.

Senior advocate Kapil Sibal and advocate Abhilash M.R., representing the devaswoms, alleged that the Excessive Courtroom had overstepped judicial boundaries to challenge in depth festival-centric directives over and above the 2012 Guidelines. Mr. Sibal criticised the Excessive Courtroom for breaching the precept of separation of powers by framing instructions “in vacuum” with out referring to any occasion of violation of the Guidelines or the provisions of Prevention of Cruelty to Animals Act, 1960 by the Pooram organisers.

Mr. Divan argued that the Excessive Courtroom had merely “supplemented” the Guidelines, which it had discovered insufficient to guard the pachyderms.

“The court docket can not go on supplementing. There’s a rule-making physique. There have been no complaints of violations on this case. Instructions can’t be issued in vacuum,” Justice Nagarathna noticed.

Mr. Divan mentioned the elephants had been uncovered to large crowds, loud noise and needed to stand nonetheless for hours burdened by heavy adornments. They’re made to journey lengthy distances to those festivals both by truck or by strolling on scorching tarmac.

‘Individuals know the dangers’

Justice Nagarathna, at this level, referred to situations when wild elephants had been electrocuted in forests. “A minimum of the domesticated elephants are protected. Apart from, domesticated elephants can’t be launched into the wild. They won’t survive,” the decide remarked.

The decide mentioned individuals who attend the Pooram know the dangers.

“Individuals are aware. If one thing untoward occurs, the devaswoms pays the value. The devaswoms will likely be accountable if something occurs to both the devotees or the elephants,” Justice Nagarathna replied.

Mr. Sibal mentioned the 2012 Guidelines had been adopted to a T. The Excessive Courtroom had needlessly “expanded” the Guidelines out of proportion.

He mentioned the participation of elephants in Thrissur Pooram was a vital non secular apply adopted for hundreds of years.

“These elephants carry temple deities and are central to the celebrations, symbolising energy, divinity, and Kerala’s cultural pleasure. This centuries-old pageant is not only a spiritual occasion however a celebration of Kerala’s wealthy cultural heritage, artwork and neighborhood spirit,” he submitted.