During the proceedings, the Supreme Court criticized the High Court’s directions as “impractical” and questioned its authority to issue such rules, emphasizing that such powers lie with the designated rule-making bodies.
New Delhi: The Supreme Court on Thursday (19th Dec) stayed the Kerala High Court’s directives regulating the use of elephants in temple festivals, ruling that any orders conflicting with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would remain suspended.
The bench, comprising Justice BV Nagarathna and Justice NK Singh, issued the stay while hearing an appeal by the Thiruvambady and Paramekkavu Devaswoms, the organisers of Kerala’s iconic Thrissur Pooram festival.
During the proceedings, the Supreme Court criticized the High Court’s directions as “impractical” and questioned its authority to issue such rules, emphasizing that such powers lie with the designated rule-making bodies.
Previous Hearings
The Kerala High Court had earlier introduced several directives for elephant usage at festivals, including maintaining a 3-meter distance between elephants, an 8-meter gap between elephants and the public or percussion displays, and a 100-meter buffer zone from areas with fireworks. Additionally, it mandated a minimum three-day rest period for elephants between events. The High Court also held that using elephants in festivals was not an essential religious practice.
The Supreme Court’s stay provides temporary relief to temple authorities, allowing elephant participation in festivals under the 2012 rules. Further hearings will address the broader issues.
Temple devaswoms challenged the High Court’s directives, arguing that the restrictions were impractical and would significantly disrupt festival traditions, particularly the renowned Thrissur Pooram.
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