Elephant Fitness Certificate, 3-Days Rest, 3-Hrs Cap On Parading: Kerala HC Issues Directions To Prevent Cruelty During Temple Festivals

The Kerala High Court has remarked that Elephants in Kerala are widely used in Temples in the name of tradition and religion but, in reality, it is a "commercial exploitation" without any care or concern for their well-being. The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P. thus issued certain directions for effective implementation of the Kerala Captive Elephants Rules, 2012 and to ensure compliance of Apex Court's decision in Wildlife Rescue and Rehabilitation Centre and others Vs. Union of India. Reportedly, the festivals in Kerala are now so commercialised that even before a festival there is a war or a sort of competition amongst temple committees tasked with the conduct of festivals regarding the number of elephants being paraded as well as the fame of particular elephants/elephants being paraded.” The Court noted that in Wildlife Rescue, the Apex Court had taken note of the cruelties faced by captive Elephants in the State and issued directions to ensure that they are not subjected to any cruelty by parading them. the application must include routes of the procession where Elephants are paraded, venue, health/fitness certificate stating that Elephants are not sick or injured, details regarding the musth period with a certificate from a veterinary surgeon District Committee must ensure that Elephants must get rest period between two exhibitions which will not be less than 3 days exhibitors have to ensure that Elephants are given sufficient food, a continuous supply of potable water and a temporary tethering facility which is clean and spacious District Committee must ensure that there is sufficient space for exhibition or parading of Elephants. It said, “In other words, the number of Elephants that can be paraded will depend on the availability of space enabling the maintenance of the minimum distance fixed above inside the temple or any other place where the parade is proposed.” Elephants are not to be paraded on public roads between 9 AM and 5 PM Elephants not be transported between 10 PM and 4 AM and they shall not be exhibited for more than 3 hours continuously Elephants shall not be made to walk for more than 30 KM a day for transportation, Court said, "No elephant shall be made to walk for more than 30 KM a day for the purpose of transportation.