The Supreme Court on Thursday temporarily stayed a series of controversial restrictions imposed by the Kerala High Court on the use of elephants during temple festivals. The court called the guidelines “impractical” and beyond the judicial authority, giving a breather to organizers of Kerala’s famed Thrissur Pooram festival.
The Kerala High Court had imposed several restrictions, including maintaining a 3-meter gap between elephants, an 8-meter distance from the public or percussion displays, and a 100-meter buffer from areas with fireworks. It also mandated at least three days of rest between public exhibitions for the elephants. These rules were seen as restrictive by many in the temple community, particularly the Thiruvambady and Paramekkavu devaswoms, which organize the Thrissur Pooram festival.
Responding to appeals from these devaswoms, a bench of Justices BV Nagarathna and N Kotiswar Singh observed that the high court’s guidelines went beyond the scope of judicial authority, which lies with the legislative and executive bodies. The Supreme Court’s ruling effectively stayed the additional high court directives issued in November, while reaffirming that any direction contradicting the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would remain suspended.
The High Court had previously stated that temple festivals did not require the use of elephants for religious practice and intended its guidelines to complement the existing laws. However, the devaswoms argued that the new restrictions, particularly the 3-meter distance rule, would drastically reduce the number of elephants in festivals, diminishing their cultural and religious importance. For example, the rules would severely impact the Thripunithura Poornathrayeesa temple’s annual festival, which typically involves 15 elephants.
The Kerala High Court had issued these directives based on expert recommendations, including advice from PS Easa, a former director of the Kerala Forest Research Institute, who highlighted the risks of relaxing the distance rule.
The Supreme Court’s stay provides relief to the devaswoms and devotees by allowing them to continue traditional festival practices without compromising safety. It also ensures that the High Court’s guidelines align with the established 2021 laws. The ruling comes as the festival season in central Kerala is underway, with the Thripunithura Poornathrayeesa festival kicking off in late November.
