Balancing Animal Rights and Temple Customs

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Context

  • The Supreme Court addressed the balance between animal rights and temple customs during the Thrissur Pooram festival.
  • Compliance with the Captive Elephants (Management and Maintenance) Rules, 2012 was emphasized.
  • Directions issued by the Kerala High Court were stayed as impractical or beyond legal scope.

Key Issues

  1. Animal Rights vs. Customs
    • Elephant parades are integral to the centuries-old Thrissur Pooram festival in Kerala.
    • The Kerala High Court’s direction that elephants maintain a three-metre distance was deemed impractical.
    • Thrissur Pooram is a significant Hindu festival showcasing cultural programs and traditional elephant processions.
    • Elephants are regulated under the Wildlife (Protection) Act, 1972, and rules framed for captive elephants in 2012.
  2. Judicial Observations
    • The Supreme Court underscored the need for courts to respect statutory frameworks while avoiding unnecessary judicial activism.
    • The 2012 Rules serve as the framework for managing the welfare of captive elephants.
    • Article 48A of the Constitution directs the State to protect the environment and wildlife.
    • The Prevention of Cruelty to Animals Act, 1960, ensures animal welfare and prohibits cruelty, including for captive elephants.
  3. Devaswoms’ Appeal
    • The Thiruvambady and Paramekkavu devaswoms argued that High Court orders unnecessarily disrupted traditional practices.
    • The Supreme Court’s stay was welcomed as a measure to balance tradition with practicality.
    • Devaswoms are temple trusts in Kerala that manage temple properties and rituals.
    • The Elephant Census (2017) recorded 2,454 captive elephants in India, with Kerala hosting a significant portion.

Legal Frameworks and Implications

  1. Captive Elephants (Management and Maintenance) Rules, 2012
    • Regulate the care, upkeep, and movement of captive elephants.
    • Require health certificates, proper living conditions, and safety protocols.
    • Elephants are listed under Schedule I of the Wildlife (Protection) Act, 1972, granting them the highest protection level.
  2. Judicial Restraint
    • The Supreme Court highlighted the doctrine of separation of powers, ensuring that rule-making remains with the legislature or executive.
    • Courts should avoid arbitrary directions that violate statutory provisions or disrupt established practices.

Way Forward

  1. Balancing Traditions and Welfare
    • Ensure adherence to cultural customs while protecting elephants’ welfare.
    • Strengthen enforcement of existing legal provisions rather than introducing impractical restrictions.
  2. Public Awareness and Stakeholder Collaboration
    • Educate temple authorities, elephant owners, and the public on animal rights and legal obligations.
    • Foster dialogue between festival organizers and wildlife authorities for harmonized solutions.
  3. Innovative Practices
    • Encourage symbolic representations or alternatives to the use of live elephants to preserve cultural heritage sustainably.
    • Festivals like Mysuru Dasara have introduced mechanical elephants as a viable option.

Relevance to UPSC

  • Polity and Governance: Illustrates the judiciary’s role in upholding constitutional principles and legal balance.
  • Environment and Wildlife: Highlights laws protecting biodiversity while accommodating cultural practices.
  • Ethics and Integrity: Reflects ethical considerations in balancing tradition with modern wildlife protection standards.

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