Elephant welfare vs temple traditions | Kerala divided over HC ruling

Kerala’s festival season, known for its grandeur and cultural vibrancy, is facing a jumbo-sized obstacle.

A Kerala High Court ruling calls for strict regulations in the use of elephants in festivals. For instance, the court has said specified distances must be maintained amongst the elephants, and between them and places such as fireworks spots.

The court did have animal welfare in mind when it came up with the norms, but it has ignited debates over their potential impact on traditions.

Heart of festivals

For 20-year-old Varnana Sreekumar, a Thrissur-based BSc Computer Science student and an avid elephant enthusiast, the ruling has struck a personal chord.

“Elephants are the heart of our festivals. Watching Thechikottukavu Ramachandran or Guruvayoor Indrasen (well-known elephants in Kerala) during the parades has been an emotional experience for me,” she told The Federal.

With a tattered scrapbook of elephant photographs, Varnana lamented: “This ruling feels unreal. Festivals without elephants will lose their colour and vigour.”

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Court decides on elephants

The court ruling was strict and unprecedented as far as temples are concerned.

“No permission (should be) granted unless the venue where the exhibitions or parading of elephants is proposed has sufficient space to parade the elephants with a minimum distance of 3 metres between two elephants, a minimum distance of 5 metres from the elephant to the flambeau or any other source of fire, a minimum distance of 8 metres from the elephant to the public and any percussion display,” the court order read.

“Necessary barricades (should be) placed between the public and elephants and a minimum distance of 100 metres (must be) maintained from any place where fireworks are used and the place where the elephants are exhibited,” it added.

Not essential religious practice

The controversy deepened when the High Court refused to relax its interim guidelines for the Vrishchikolsavam at the Poornathrayeesa temple in Tripunithura last week. In response to a plea from the Cochin Devaswom Board seeking exemptions, a division bench of Justices AK Jayasankaran Nambiar and Gopinath P posed a counter: “Will religious practices crumble if elephants are not paraded during temple festivals? How is it an essential religious practice?”

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The court upheld its directive mandating a minimum 3 metre distance between elephants during parades, emphasising the welfare of the animals over tradition.

The guidelines also restrict the duration of parades to three hours, require rest periods of at least three days between parades, and mandate clean and spacious tethering facilities for elephants.

These measures, the court said, were crucial for protecting elephants in a state where nearly 33 per cent of captive elephants have died in the past seven years due to neglect and overwork.

'Social herbivores'

“The distance regulation for caparisoned elephants lacks scientific basis. Elephants are social animals that thrive when paraded shoulder to shoulder, unlike canines, which can become aggressive in close groups,” Dr Giridas PB, a senior government veterinarian based in Thrissur, told The Federal.

“Elephants are mega-herbivores and are not inherently dangerous in a herd. They often share food and feel secure when placed close together. This proximity forms their safe zone. Even if there’s one aggressive elephant, being in a group can help calm them,” he said.

“Regularly paraded elephants have developed a kind of familiarity, knowing who walks beside whom, as they are often placed in height order. I don’t think the court has taken these natural behaviour into consideration," Giridas observed.

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Elaborate parades

Kerala’s festivals, particularly the iconic Thrissur Pooram, are renowned for their elaborate parades featuring caparisoned elephants, traditional percussive music ensembles and fireworks. However, these celebrations are now under scrutiny.

The court’s insistence on compliance with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 and the Supreme Court’s ruling in the Wildlife Rescue and Rehabilitation Centre case has divided public opinion.

The immediate fallout of the court ruling is evident at the Poornathrayeesa temple at Thripponithura in Ernakulam, where organisers have scrambled to adapt to the new restrictions.

Apologizing to the court

Adding to the controversy, the forest department has filed an FIR against the festival organisers for allegedly violating the court’s directives.

Temple Devaswom Officer R Reghuraman filed an affidavit tendering an unconditional apology to the High Court for parading elephants at the temple on December 2 in violation of the court directives.

The restrictions have also cast a shadow over the Thrissur Pooram, scheduled for next summer. Widely regarded as the jewel of Kerala’s festivals, the Pooram relies heavily on the close-knit parades of elephants adorned with traditional regalia.

Temple managements despair

For festival organisers, the ruling is an existential threat. According to K Girish Kumar, the secretary of the Thiruvambadi temple administrative board (Devaswom), it’s impractical to conduct the Pooram festival adhering to the court ruling.

“If we follow these rules, Pooram will have to be moved to a large ground or paddy field. The directive on spacing elephants 8 metres apart seems designed to destroy iconic attractions like Kudamattom, Madathilvaravu and Elanjithara melam, the most popular Pooram rituals involving a hundred elephants," he told The Federal.

He alleged that certain NGOs were attempting to erode Kerala’s cultural heritage under the guise of animal rights.

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Not banning elephants, says court

The High Court clarified that its guidelines do not aim to eradicate the use of elephants in festivals but to regulate their treatment. “The extensive use of captive elephants in religious festivals in Kerala is often justified as tradition, but we do not believe it is an essential religious practice. Our focus is merely to regulate the practice of parading elephants,” the bench observed during the ongoing hearing of the suo moto case.

The court’s stance is rooted in growing concerns over the exploitation of elephants. Many of these animals endure long hours in parades amidst deafening noise and harsh conditions, leading to stress, injury and premature death.

“Elephants are highly intelligent, social animals, not performers. Their well-being must take precedence. The court is right on point and these guidelines address years of neglect and exploitation,” PK Valsakumar, an animal rights activist, told The Federal.

Court edict divides opinions

Among devotees and festival-goers, opinions remain divided. While traditionalists argue that elephants are inseparable from Kerala’s festival culture, animal welfare advocates insist that change is necessary.

“Tradition evolves over time. We cannot continue practices that harm animals just because they’ve been done for centuries. The court’s guidelines are a step forward,” said Valsakumar.

For elephant lovers like student Varnana, however, the emotional connection to these animals complicates the debate. “These elephants have been part of our lives and festivals for generations. It’s hard to imagine a celebration without them,” she said.

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Alternative ideas

Acknowledging it as a complex issue, some suggest exploring alternatives. Replicas of elephants and even electronic elephants have been proposed, but this idea has not gained much traction among traditionalists.

Others recommend better regulation and oversight of elephant care, such as stricter monitoring of handlers and more humane living conditions for the animals.

The High Court ruling has forced Kerala to confront uncomfortable questions about its festivals and cultural practices.

Kerala Forest Minister AK Saseendran said the government would examine the court guidelines and move an appeal if required. “Steps will be taken for the smooth conduct of Pooram and other festivals in the traditional manner,” he said.