'How Can You Ask Elephants To Keep 3 Meter Distance? Kerala High Court's Directions Impractical': Supreme Court

The Supreme Court today while effectively staying the restrictions imposed by the Kerala High Court dated November 13, including that a minimum distance of 3 meters should be there between elephants during processions in temple festivals, remarked that the High Court should not have exercised suo moto powers and issued directions in "vacuum". While directing strict compliance with the Kerala Captive Elephants Rules, 2012, the Court that since there was "no complaint of violations," the Supreme Court remarked that "Article 226 suo moto is unwarranted in certain circumstances". At the outset, Senior Advocate Kapil Sibal submitted that the High Court is now monitoring a "250-year" festival, a part of "UNESCO's heritage, which is their "essential religious practice". The specific directions highlighted by Sibal were the District Committee formed under Rule 10, shall ensure: "The District Committee shall consider the availability of space inside temples or other places where the exhibition or parading is proposed and will ensure that no permission is 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 meters between two elephants, a minimum distance of 5 meters from the elephant to flambeau or any other source of fire, a minimum distance of 8 meters from the elephant to the public and any percussion display, Necessary barricades are placed between the public and elephants minimum distance of 100 meters is maintained from any place where fireworks are used and the place where the elephants are exhibited proper shade shall be provided to ensure that the paraded elephants are not exposed to the hot sun for elephants and a facility for feeding the elephants and providing drinking water to the elephants."