The Supreme Court on Thursday stayed the Kerala High Court’s restrictions on using elephants during festivals, including the iconic ‘Thrissur Pooram.’
A bench of Justices BV Nagarathna and NK Singh held that any directives contrary to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, issued by the High Court, would remain suspended.
The court directed the management committees of Thiruvambady and Paramekkavu Devaswoms, the primary organizers of the festival, to strictly adhere to the 2012 Rules during the event.
Criticizing the High Court’s approach, the bench remarked that its directions were “impractical” and questioned how the High Court could substitute the rule-making authority by framing such guidelines.
Background of the Case
Court issued orders on November 13 & 28 mandating specific restrictions during the elephant parade at the festival.
These included a minimum distance of three meters between elephants, five meters between elephants and flambeaus or fire sources, and eight meters between elephants and the public or percussion displays.
The management committees of the Devaswoms challenged these restrictions, arguing that they would disrupt the two-century-old festival and its traditional layout at the Vadakkumnathan Temple, a venue central to the event and recognized by UNESCO.
Challenges Highlighted by Petitioners
In their appeal filed through Advocate Abhilash MR, the petitioners stated, “The spatial restrictions imposed by the High Court make it impossible to accommodate the festival’s historic practices within the traditional temple layout.” They argued that the guidelines disregarded the festival’s cultural and religious significance.
The committees also highlighted logistical difficulties, stating that the directives would lead to last-minute disruptions. With over 5 lakh attendees and coordination among multiple agencies, implementing such measures within a limited timeframe was unfeasible.
Broader Implications
The petitioners contended that the High Court prematurely relied on findings from the Sabarimala Temple case, overstepping its jurisdiction. They emphasized that the parading of elephants has been an essential religious practice for centuries and should not be arbitrarily curtailed based on a judgment still under judicial scrutiny.
Court had previously agreed to examine the scope of the right to freedom of religion vis-à-vis other fundamental rights, stemming from its 2018 judgment allowing women of all ages entry into the Sabarimala Temple.
Relief Sought
The petitioners sought the quashing of the High Court’s orders and requested an interim stay. They also urged the State government not to rely on the High Court’s guidelines while framing new rules during the pendency of the appeal.
Court’s stay ensures that the Thrissur Pooram can proceed in line with long-standing traditions while adhering to the existing elephant management rules.
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