The Kerala High Court has mandated the strict enforcement of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, addressing elephant welfare during festivals. Key directives include regulated rest periods, transportation restrictions, and shelter requirements. The Court criticized the state’s delays, urged stakeholder collaboration for effective implementation, and emphasized that cultural practices must uphold ethical standards for animal treatment.
Kerala: The Kerala High Court has issued strict directives to enforce the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, aiming to ensure humane treatment of elephants used in festivals and public events. The ruling comes amid rising concerns over the neglect and exploitation of captive elephants, particularly during religious and cultural festivals.
Elephants in Festivals: No Religious Mandate
The Division Bench of Justice AK Jayasankaran Nambiar and Justice Gopinath P emphasized that while elephants are extensively used in religious festivals, there is no “essential religious practice of any religion that mandates the use of elephants in festivals.” The Court clarified that its focus was not to abolish the practice but to regulate it to ensure animal welfare.
Key Directives for Elephant Welfare
The Court issued detailed guidelines addressing the exploitation of elephants during public events:
- Rest and Work Limits:
- Elephants must have a mandatory rest period of at least 8 hours within a 24-hour period.
- Continuous exhibition is limited to 3 hours.
- Transportation Restrictions:
- Elephants cannot be paraded on public roads between 9 a.m. and 5 p.m.
- Transportation is restricted to 10 p.m. to 4 a.m.
- Elephants walking long distances are limited to 30 kilometers per day; beyond this, government-approved vehicles must be used.
- Shelter and Tethering Sites:
- Sites must adhere to minimum size requirements of 9m x 6m with a height of 5.5m.
- Continuous access to clean drinking water, proper ventilation, drainage, and shade is mandatory.
- Flooring must use natural materials, and waste must be regularly removed to prevent infections.
- Parading Guidelines:
- Elephants cannot stand in one place for more than 10 minutes without shade.
- Overhead shelters are required for protection during parades.
- Fireworks and fire-based activities must maintain a 100-meter distance from elephants.
- Prohibition of Harmful Practices:
- “Elephant Squads” and devices like capture belts used to subdue distressed elephants are strictly prohibited.
Compliance and Accountability
The Court directed festival organizers to seek permission from district authorities at least a month before events. Applications must include:
- Elephant identification details.
- Procession routes.
- Veterinary certificates covering health, recent milk periods, and behavioral history.
Organizers must prove compliance with welfare standards before approval.
State’s Lapses and Court’s Criticism
The Bench criticized the Kerala government for delays in implementing the 2012 Rules, despite explicit directives from the Supreme Court. Referring to the state’s neglect, the Court compared the conditions of captive elephants to those in “the infamous Nazi extermination camp, Treblinka,” highlighting the ethical responsibility to ensure animal welfare.
The Court noted that delays in enforcing the rules have directly contributed to a rise in elephant deaths and exploitation. The Principal Secretary, Forests and Wildlife Department, was instructed to submit an affidavit explaining the repeated extensions for implementing the rules and detailing compliance with the Supreme Court’s directives.
Collaboration and Stakeholder Input
Acknowledging gaps in the current framework, the Court encouraged input from stakeholders, including NGOs, elephant owners, and temple committees, to develop interim guidelines until the 2012 Rules are fully enforced.
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Conclusion: A Call for Humane Practices
The Kerala High Court’s ruling aligns with the Supreme Court’s emphasis on the humane treatment of animals in Wildlife Rescue and Rehabilitation Centre & Ors. v. Union of India (2016). By addressing regulatory shortcomings and holding the state accountable, the Court aims to establish a sustainable and ethical framework for the treatment of captive elephants in Kerala.
The decision serves as a reminder that cultural traditions must evolve to align with ethical and humane practices, ensuring the dignity and well-being of all living beings.
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