The Kerala High Court has dismissed Cochin Devaswom Board (CDB)'s application seeking exemption from complying with the guideline on keeping a 3-metre distance between elephants while parading them during a temple festival.
A Bench of Justices AK Jayasankaran Nambiar and Gopinath P said the parading of elephants is not an essential religious practice but rather a ritual and the directive was essential to ensure welfare of the animals.
"If the use of elephants is not mandated by any scripture, then it is not an essential religious practice. We are not saying not to have elephants. For sustaining the faith of the people and the religious fervour, it is fine to have elephants, but you have to substantiate that a distance less than 3 metres is justifiable," the bench said.
CDB had moved the application for exemption for the upcoming Vrishchikolsavam at the Poornathrayeesa Temple, Thripunithura.
Advocate of the Board submitted that parading 15 elephants during the festival at the temple is an integral part of the ritual. However, adhering to the directives would limit the number of elephants in the festival, disrupting the longstanding traditions associated with the festival.
To this, Justice Nambiar said, "We refuse to believe that Hinduism is so fragile that it will collapse without the presence of an elephant."
"Until you show that without the elephants the religion ceases to exist, there is no question of an essential religious practice," Justice Gopinath remarked.
