The Supreme Court of India on Thursday (January 23, 2025) did not heed an oral plea to urgently take up for hearing an application to lift its Order of December 19, 2024, staying a clutch of directions issued by the Kerala High Court, including that elephants must maintain a minimum distance of three metres from each other at religious festivals, parades and exhibitions.
The oral mentioning was made before a Bench headed by Justice B.V. Nagarathna by the counsel representing V.K. Venkitachalam, a petitioner in the case before the Kerala High Court.
Intervening immediately, advocate Abhilash M.R., representing Thiruvambady and Paramekkavu devaswoms, submitted Mr. Venkitachalam’s application and plea for urgent hearing was a ruse to disrupt the festival season ahead in Kerala.
Pooram lovers feel HC restrictions on parading elephants will cast shadow over festivities
The State High Court had passed a series of directions in November 2024 to regulate the use of elephants in festivities. Like three metres between two elephants, the High Court had specified a minimum distance of five metres between elephants and fire torches at festival grounds and eight metres between the animals and the public and percussion displays.
The two devaswoms had appealed the High Court directions in the Supreme Court saying they were impractical. Consequently, Justice Nagarathna’s Bench had ordered a stay on directions found “contrary” to the Captive Elephant (Management and Maintenance) Rules of 2012. The case is tentatively listed for February 4, 2025.
On Thursday (January 23, 2025), Mr. Venkitachalam drew the attention of the apex court to an unfortunate incident in which a caparisoned elephant killed a man at a festival in Malappuram district of Kerala during the intervening night of January 7-8, 2025. Photographs of the tragedy, which occurred at the Puthiyangadi ‘nercha’ during the BP Angadi annual festival, were attached to the application. The application said the panic had led to a stampede-like situation.
Concern over HC reference to elephant parading in temples
The application argued that the 2012 Rules did not provide “specific minimum distance conditions”, but only spoke in generic terms. “A minimum distance requirement between elephants, between elephants and spectators as well as between elephants and fireworks would provide critical protection,” the application reasoned
It pleaded with the apex court to lift its December 19, 2024 stay order, claiming seven major Poorams were scheduled from February to March in Kerala. “Apart from these mega events, hundreds of other festivals will be organised across the State which will involve captive elephants… the directions issued by the High Court, if complied with, will reduce the chances of accidents, injuries and loss of life… These directions, particularly those relating to minimum distance requirements, provide crucial guidance to festival organising committees, and are in furtherance of the 2012 Kerala Rules, not contrary to it,” the application submitted.
Elephant parade at Poornathrayeesa Temple adheres to distance norms prescribed by Kerala High Court
The court orally remarked the applicant could approach the State High Court. The proceedings there have not been stayed, the freeze order was restricted to directions in the November 2024 order which were inconsistent with the 2012 Rules.
The application claimed that parading elephants stood close to each other and to the fire torches at a festival organised by the Thiruvambady devaswom in early January.
Mr. Abhilash said the devaswom had complied with the 2012 Rules. He explained that local district authorities were empowered to specify the minimum distances according to the availability of space at events using elephants.
Published - January 23, 2025 05:06 pm IST
