“Protect Elephants or Lose Them Forever, Kerala HC Warns in Landmark Ruling”

Last Updated on November 5, 2024 by Amit Patra

The Kerala High Court, in its impassionate call for action over the pitiable state of affairs relating to captive elephants in the state, said, “If urgent steps are not taken for the protection of these majestic animals, the next generation may be able to see them only in museums, as in the case of dinosaurs.”.

The High Court’s warning came during the hearing of a batch of petitions filed to restrain the inhuman treatment of captive elephants, especially those paraded in festivals of all religions. A division bench, comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P., passed severe comments on the reducing population of elephants and the unbelievable agony they suffer in the events.

The observation of the court underlines the gravity of the crisis before Kerala’s captive elephant population. As pointed out by the Amicus Curiae appointed in the matter presented, captive elephants used for processions are subjected to immense suffering due to long hours of parading, noise that is more than intolerable, ill-treatment, insufficient health checks, and long journeys without adequate rest. This not only causes untimely deaths but also aggressive behavior in elephants, which may turn out to be perilous for the public at large.

While considering the contentions that parading elephants in temple festivals was a tradition and custom, the High Court had drawn a firm line thus: the courts cannot turn a blind eye to cruelty to animals even if it has been done for centuries together. The Court further made an apt comparison thus: just like human sacrifice, though part of tradition, was banned by this great country, a holistic view has to be taken that the interests of the elephants must be paramount rather than compelling the said animals for the sake of tradition.

The rigid court stance comes amid growing realization that conservation of elephants and other wild animals should not take a back seat to cultural or religious practices that impose unnecessary pain on those species. The judges pointedly emphasized that the Constitution expects citizens to show “humanism” and respect for life.

The High Court, realizing the emergency that already faces it, has suggested that it will draw up basic guidelines to prevent cruelty and ensure the basic rights of the elephants are protected, which would remain in effect until the government frames comprehensive legislation on the matter. In this light, such a move is most certainly indicative that the court remains determined to take proactive steps toward protecting the welfare of Kerala’s captive elephant population ahead of the forthcoming festival season.

So far, the firm posture taken by the High Court of Kerala is a clarion call to all stakeholders to be more careful in protecting these majestic animals. The dire warning that if things persist, then the next generation will be able to see elephants only in museums should fire up the imagination, inspiring effective action without much loss of time to prevent the extinction of this iconic species.