On Thursday, the Supreme Court of India intervened and stayed a series of restrictions imposed by the Kerala High Court on the use of elephants in temple festivals. The court described the high court’s directives as “impractical” and exceeding judicial authority.
Kerala High Court’s Restrictions
The Kerala High Court had issued several mandates for the management of elephants during temple festivals, including:
- A minimum 3-meter gap between two elephants.
- An 8-meter distance between elephants and the public or percussion displays.
- A 100-meter buffer from areas where fireworks are used.
- Elephants required to have at least three days of rest between public exhibitions.
Supreme Court’s Ruling
The Supreme Court bench, consisting of Justices BV Nagarathna and N Kotiswar Singh, effectively stayed the additional guidelines issued by the Kerala High Court in November. The court’s order clarified that any directive issued by the high court contrary to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would remain stayed. The ruling was made in response to appeals filed by the Thiruvambady and Paramekkavu Devaswoms, the organizers of the iconic Thrissur Pooram festival.
Court’s Observations
The bench emphasized that the high court’s directives ventured into the legislative and executive domain, which is the prerogative of the authorities, not the judiciary. The Supreme Court also noted that the guidelines issued by the high court went beyond the existing rules and were deemed unnecessary.
Kerala High Court’s Position
In its previous proceedings, the Kerala High Court had stated that using elephants in temple festivals was not an essential religious practice. It had argued that the new guidelines were designed to complement the existing rules and make them more effective. The high court had also issued a contempt notice to an officer of the Cochin Devaswom Board for allegedly violating its guidelines.
Devaswoms’ Arguments
The Devaswoms, in their appeal to the Supreme Court, argued that the high court’s restrictions were impractical and would disrupt the continuity of traditional festivals. For example, the 3-meter distance rule would reduce the number of elephants participating in festivals like Thripunithura Poornathrayeesa, which typically parades 15 elephants. This, they argued, would undermine the cultural and religious significance of the festivals.
Supreme Court’s Clarification
The Supreme Court clarified that its intervention was not intended to compromise safety but to ensure that judicial directions do not conflict with the 2012 rules. The court’s stay provides relief to temple authorities, especially as the annual festival season in central Kerala is underway.
Multiple-Choice Questions (MCQs):
- What did the Supreme Court stay in its recent ruling?
a) Kerala Captive Elephants (Management and Maintenance) Rules, 2012
b) Restrictions on elephants in temple festivals imposed by the Kerala High Court
c) Guidelines for temple festivals in Tamil Nadu
d) Restrictions on the use of fireworks in temple festivals
Answer: b) Restrictions on elephants in temple festivals imposed by the Kerala High Court - Which of the following was a requirement imposed by the Kerala High Court on the use of elephants in temple festivals?
a) Elephants must be kept indoors during festivals
b) A minimum 3-meter gap between two elephants
c) Elephants must be rested for one week between exhibitions
d) No elephants allowed in public festivals
Answer: b) A minimum 3-meter gap between two elephants - Why did the Devaswoms argue against the Kerala High Court’s restrictions?
a) They believed the guidelines were too lenient
b) They argued the guidelines were impractical and threatened traditional festivals
c) They were in favor of the new guidelines
d) They wanted more elephants in the festivals
Answer: b) They argued the guidelines were impractical and threatened traditional festivals - What was the Supreme Court’s main concern regarding the Kerala High Court’s directives?
a) They were too lenient on elephant welfare
b) They conflicted with the Kerala Captive Elephants Rules, 2012
c) They did not consider the safety of the public
d) They did not address the religious aspects of temple festivals
Answer: b) They conflicted with the Kerala Captive Elephants Rules, 2012 - What was the Kerala High Court’s stance on using elephants in temple festivals?
a) It was an essential religious practice
b) It was not an essential religious practice
c) It should be banned
d) It should be limited to specific festivals
Answer: b) It was not an essential religious practice