SC stays Kerala HC restrictions on parading of elephants during temple festivals
The High Court had earlier mandated maintaining a three-metre distance between paraded elephants and prohibited their movement on public roads between 9 am and 5 pm.
Supreme Court
NEW DELHI: In a major relief for the organisers and devotees of Kerala's iconic Thrissur Pooram festival, the Supreme Court on Thursday stayed the Kerala High Court's directions imposing restrictions on the parading of elephants during temple festivals.
A bench comprising Justice B.V. Nagarathna and Justice N. Koteshwar Singh ruled that any High Court directive conflicting with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would remain stayed.
The High Court had earlier mandated maintaining a three-metre distance between paraded elephants and prohibited their movement on public roads between 9 am and 5 pm.
Terming these directions as "impracticable," Justice Nagarathna observed that such measures could hamper the conduct of longstanding cultural traditions.
Senior advocate Kapil Sibal, appearing for the Thiruvambady and Paramekkavu Devaswoms that organise the Pooram festival, argued that the High Court's directives jeopardized a 250-year-old tradition that is part of UNESCO's cultural heritage.
He stated that maintaining a three-metre gap between elephants was not feasible and pointed out that there has been no recorded instance of devotees being injured during the festival.
Justice Nagarathna, referencing the principle of volenti non fit injuria (to a willing person, no injury is done), remarked, "If devotees choose to attend despite the presence of elephants, they are assuming the risk."
The court noted that the suo motu proceedings initiated by the High Court against animal cruelty stemmed from unrelated concerns, such as a dog's death. However, the bench emphasized that the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, must be adhered to in letter and spirit.
The Supreme Court also reminded lower courts of the need to respect the boundary between judicial interventions and law-making, with Justice Nagarathna observing, "Courts should not get into the domain of legislation."
The stay on the High Court's restrictions allows the Thrissur Pooram organisers to proceed with preparations for the festival, slated for January 5, without the impediments posed by the earlier directives.