Source: The Hindustan Times  

Introduction 

The Kerala High Court has taken a strong stance on protecting captive elephants used in temple festivals, issuing strict guidelines in late 2023. The court observed that while elephants are extensively used in religious festivals across Kerala, there's no essential religious practice that mandates their use. This intervention came after concerning reports showed that 160 captive elephants died between 2018-2024, representing about 33% of Kerala's captive elephant population.  

What was the Background of the In Re Captive Elephants V Union Of India & Connected Cases? 

• Elephants have traditionally been central to Kerala's temple festivals, primarily used to carry deities during ceremonies. 
• The Kerala Captive Elephants (Management and Maintenance) Rules were established in 2012 to regulate the treatment of captive elephants. 
• Despite these rules and Supreme Court directions from 2016, implementation remained poor with the state government repeatedly granting extensions. 
• Between 2018-2024, Kerala witnessed a dramatic decline in its captive elephant population, with 160 deaths representing 33% of the total population. 
• The current population stands at just 408 elephants, with 369 under private ownership and 39 managed by the forest department. 
• Temple festivals became increasingly commercialized, with committees competing over the number and fame of elephants displayed. 
• The cost of hiring elephants for events escalated significantly from thousands to lakhs of rupees. 
• Reports of neglect and exploitation became frequent, especially during high-profile temple events. 
• The dwindling elephant population led to overworking of available elephants as temples competed to hire them. 
• The Kerala High Court took suo motu cognizance of the situation due to rising concerns about animal welfare. 
• Temple committees justified elephant use citing centuries-old traditions and religious practices. 
• The high court observed that elephants were being treated as "tradable commodities" with focus only on commercial returns rather than their welfare. 
• This concerning situation prompted the court to issue comprehensive guidelines to regulate elephant use in festivals while preserving their welfare. 

What was the Court Observation? 

• The court stated that there is no essential religious practice in any religion that mandates the use of elephants in festivals, though they refrained from making this the focus of their ruling. 
• The court observed that elephants were being treated as tradable commodities, with owners primarily concerned about commercial returns rather than animal welfare. 
• The judges compared the conditions of captive elephants in Kerala to those in the Nazi extermination camp Treblinka, states the severity of their treatment. 
• The court criticized the Kerala government's repeated extensions for enforcing the 2012 Rules, despite explicit Supreme Court directives, noting this contributed to rising elephant deaths. 
• The bench provides they weren't making new laws but merely "filling up the gaps" to ensure proper implementation of the 2012 Rules. 
• The court noted that while one can observe traditions and customs, it shouldn't come at the "misery of others," highlighting that as a constitutional court, they couldn't ignore cruelty to animals even if justified as religious practice. 
• The judges observed that the oldest religions like Hinduism and Buddhism show reverence to animals, unlike later religions from the West, suggesting current practices deviated from these principles. 
• The court warned that if proper protection isn't provided, future generations might only see elephants in museums, similar to how we see dinosaurs today. 

What are the Guidelines Issued by Court? 

• Administrative Oversight: The District Committee must include a representative from the Animal Welfare Board of India to strengthen oversight of captive elephant welfare and prevent cruelty. 
• Advance Application: Festival organizers must submit comprehensive applications one month before any event, ensuring proper planning and scrutiny of elephant use. 
• Documentation Requirements: Applications must include detailed parade routes, venue specifications, and comprehensive veterinary certificates confirming the elephant's health status and musth period details. 
• Mandatory Rest Periods: A minimum three-day rest period between exhibitions is mandatory, with at least 8 hours of continuous rest required within every 24-hour period. 
• Exhibition Time Limits: Elephants cannot be exhibited for more than 3 hours continuously, preventing exhaustion and overwork. 
• Basic Care Requirements: Exhibitors must provide sufficient food, continuous access to clean drinking water, and maintain clean, spacious tethering facilities. 
• Spacing Requirements: The court mandated specific minimum distances - 3 meters between elephants, 5 meters from flambeau, 8 meters from public and percussion, and 100 meters from fireworks. 
• Daily Walking Limits: Elephants cannot be made to walk more than 30 kilometers per day, with any additional distance requiring approved vehicle transportation. 
• Vehicle Transportation Rules: Transportation is limited to 125 kilometers per day total, with no more than 6 hours in a vehicle and speeds not exceeding 25 kilometers per hour. 
• Time Restrictions: Elephants are prohibited from being paraded on public roads between 9 AM and 5 PM, and transportation is not allowed between 10 PM and 4 AM. 
• Vehicle Safety Requirements: The Motor Vehicles Department must ensure all elephant transport vehicles are fitted with speed governors set to the prescribed limits. 
• Record Keeping: Owners and custodians must maintain detailed registers documenting all aspects of elephant care and usage as per the Rules. 
• Squad Prohibition: The deployment of Elephant Squads during parades or exhibitions is explicitly forbidden to prevent potential mistreatment. 
• Humane Treatment: The use of capture belts or other cruel methods for controlling elephants that may become agitated is strictly prohibited. 
• Space-Based Limitations: The number of elephants allowed in a parade depends on the available space to maintain all prescribed minimum distances, states that space constraints should limit elephant numbers rather than tradition or preference. 

What are the Provisions of the Wildlife Protection Act, 1972: 

• Section 9: Prohibits the hunting of animals listed under Schedules I-IV. Elephants, being Schedule I animals, are afforded the highest level of protection. 
• Section 40(2): Restricts the acquisition, possession, and transfer of captive elephants without written permission from the Chief Wildlife Warden (CWLW). 
• Section 40: Mandates the issuance of Transit Permits (TP) by the State Forest Department for inter-state transport of elephants, including permits from transit states. 
• Section 42: Ownership Certificates can only be issued to individuals with lawful authority over the elephant. 
• Section 48(b): Prohibits the capture, sale, purchase, transfer, or transport of wild animals listed under Schedules I and II without certification of lawful possession. 

What is the Captive Elephant (Transfer or Transport) Rules, 2024? 

• Circumstances for Transfer: 
  • Transfer is allowed when the owner cannot ensure adequate care or when it is deemed that the elephant will receive better welfare in the new arrangement. 
  • Transfers require approval from the CWLW, based on assessments of the elephant's welfare and habitat suitability. 
• Intra-State Transfers: 
  • A veterinarian must confirm the elephant's health. 
  • The Deputy Conservator of Forests verifies the suitability of the current and prospective habitats. 
  • Final approval rests with the CWLW. 
• Inter-State Transfers: 
  • Similar procedures as intra-state transfers, with the additional requirement to register the elephant's genetic profile with the Ministry of Environment, Forest, and Climate Change (MoEF&CC). 
• Transport Requirements: 
  • The elephant must be accompanied by a mahout and an assistant. 
  • A health certificate from a veterinarian is mandatory. 
  • Transport must include adequate feeding, watering, and, if necessary, a quarantine period. 
  • Tranquillizers or sedatives can be used under veterinary supervision for temperamental elephants. 

Conclusion 

While the High Court's strict regulations were initially met with resistance from temple authorities and festival organizers, the matter reached a critical point when it was appealed to the Supreme Court. The Supreme Court's subsequent stay on these restrictions states the tension between preserving cultural traditions and ensuring animal welfare. The declining number of captive elephants in Kerala - now down to just 408, with most privately owned - the urgency of finding a sustainable solution that respects both cultural heritage and animal protection.