Yesterday, On 28th November, The Kerala High Court emphasized that Hinduism is robust and does not rely on the presence of an elephant for festivals. The Court noted that only essential religious practices are protected, and all other customs must comply with constitutional principles. This ruling highlights the need to balance tradition with the law.
The Kerala High Court dismissed the Cochin Devaswom Board’s (CDB) request for exemption from the guideline requiring a three-meter distance between elephants during temple festivals, specifically for the upcoming Vrishchikolsavam at the Poornathrayeesa Temple in Thripunithura.
Justices AK Jayasankaran Nambiar and Gopinath P emphasized that this directive is crucial for the welfare of the elephants, stating that religious practices must align with constitutional principles.
Justice Nambiar remarked,
“If the use of elephants is not mandated by any scripture, then it is not an essential religious practice.”
He added that while elephants can be part of the festival to sustain public faith, it is essential to justify why a distance of less than three meters is necessary.
CDB’s advocate, KP Sudheer, argued that parading 15 elephants is integral to the festival’s rituals, and adhering to the guidelines would limit participation and disrupt longstanding traditions.
However, Justice Nambiar countered,
“We refuse to believe that Hinduism is so fragile that it will collapse without the presence of an elephant.”
The court reiterated that practices not deemed essential to the religion must comply with constitutional mandates.
Justice Gopinath stated,
“Until you show that without the elephants the religion ceases to exist… there is no question of an essential religious practice.”
The High Court previously initiated public interest litigation in July 2021 to address animal cruelty concerns. The current focus is on the welfare of captive elephants subjected to harsh conditions during parades and festivals.
Interim guidelines issued on November 13 included mandatory festival registration and the three-meter distance requirement between elephants, in compliance with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.
Vrishchikolsavam is a prominent temple festival celebrated in the Malayalam month of Vrishchikam (mid-November to mid-December) in Kerala. Known for its grandeur and cultural significance, the festival features traditional rituals, art forms like Kathakali and Chenda Melam, and vibrant processions with caparisoned elephants. Devotees from across the region gather to participate in the festivities, which highlight Kerala’s deep-rooted traditions and devotion.