Kerala HC issues directives to avoid cruelty to elephants during parading

While parading elephants, there should be a minimum distance of 3 m between them, and 5 m from elephant to flambeau or any other source of fire. Court orders to provide adequate roofing and ban parading elephants through public roads between 9 a.m. and 5 p.m.

by · The Hindu

A Division Bench of the Kerala High Court has issued a slew of measures, including provision for adequate roofing and ban on procession of elephants through public roads between 9 a.m. and 5 p.m., as per the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 to prevent cruelty to the animals, particularly during their parading.

The Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P., while passing the order in a suo motu case relating to cruelty to elephants recently, said the issuance of directions for the proper implementation of the 2012 Rules had become imperative. The court added that elephants in captivity were extensively used in religious festivals in Kerala and their use was often sought to be justified citing tradition and religious practice while in reality, the animals were being commercially exploited without any care or concern for their well-being.

The court ordered that a district committee headed by the District Collector concerned constituted to deal with cases of cruelty to captive elephants should not grant permission for parading elephants in temples or other places unless the venue had sufficient space to parade them with a minimum distance of 3 m between them, and a minimum distance of 5 m from the elephant to flambeau or any other source of fire. The court ordered that a minimum distance of 100 m should be maintained between people and the place where the elephants were exhibited. Proper shade should be provided while parading and adequate feed and drinking water should be ensured. Besides, there should be separate evacuation plans for elephants and people in case of any emergency.

8 hours of rest

The court also ordered that no procession of elephants through public roads shall be permitted between 9 a.m and 5 p.m. The court directed that the committee shall ensure that an elephant shall not be transported between 10 p.m. and 4 a.m. An elephant shall not be exhibited for a continuous period of more than 3 hours. No elephant shall be made to walk for more than 30 km a day for transportation. All transportation above 30 km shall be done by a vehicle approved for the purpose. The transportation of the elephant shall not be made for more than 125 km a day by any means. An elephant shall be ensured at least 8 hours of rest every 24 hours.

The court also directed the Veterinary department to issue the necessary orders forthwith fixing the modalities for examination and issuance of fitness certificates, the period of its validity, and the fee to be remitted for fitness certificates.

Published - November 14, 2024 09:05 pm IST