Devaswoms hosting Thrissur Pooram challenge Kerala High Court directives

The temple trusts took particular objection to the High Court’s comparison of the elephants at the Thrissur Pooram with the Holocaust victims.

The Thiruvambady and Paramekkavu devaswoms have appealed the Supreme Court against the Kerala High Court’s finding that the use of elephants at temple festivals like the centuries-old Thrissur Pooram is not an “essential religious practice”.

The devaswoms, which are the major hosts of Thrissur Pooram, also challenged a High Court directive specifying the exact distance at which elephants should be positioned from each other.

“The spatial restriction imposed by the Hon’ble High Court, mandating a minimum distance of three meters between elephants, brings the historic Thrissur Pooram to a grinding halt, as the thousand-year-old venue, the Vadakkumnathan Temple, integral to Thrissur Pooram, cannot accommodate such constraints,” the petition, represented by advocate Abhilash M.R., submitted.

The temple trusts took particular objection to the High Court’s comparison of the elephants at the Thrissur Pooram with the Holocaust victims.

“The High Court issued a set of far-reaching festival-centric directions for the conduct of Thrissur Pooram and other festivals involving elephants, by invoking the analogy of ‘Eternal Treblinka’ to describe the conditions of captive elephants, equating them to Holocaust victims. This analogy formed the preface to the court’s extensive directions to ‘regulate the parading of elephants’,” the petitioners said.

The devaswoms said the High Court orders in November had banked on the top court’s Sabarimala judgment to conclude that parading elephants in temple festivals was not an essential religious practice. They argued that the High Court had not taken into consideration the fact that the Sabarimala judgment was now before a nine-judge Bench, awaiting an authoritative pronouncement on whether courts could determine what made an essential religious practice in a faith.

The trusts said the majestic procession of over 50 richly caparisoned elephants was the centerpiece of Thrissur Pooram. “These elephants carry temple deities and are central to the celebrations, symbolising strength, divinity, and Kerala’s cultural pride… This centuries-old festival is not just a religious event but a celebration of Kerala’s rich cultural heritage, art and community spirit,” they underscored.

The petitioners accused the High Court of issuing extensive festival-centric directives over and above the Captive Elephant (Management and Maintenance) Rules, 2012. The High Court had overstepped judicial boundaries and the separation of powers by framing these directions despite the absence of any violation of the provisions of Prevention of Cruelty to Animals Act, 1960, by the festival organisers.

The trusts said the High Court directives specifying distances and crowd control measures place an enormous burden on them given the scale of the festival and the massive crowd exceeding five lakh people, which include international tourists.

Published - December 17, 2024 09:10 pm IST