Elephants will soon be extinct like Dinosaurs if we continue exploiting them: Kerala High Court

Elephants will soon go extinct like dinosaurs if they are not protected and future generations might see them in museums, the Kerala High Court lamented on Tuesday [In Re Captive Elephants v Union of India and connected cases].

A Division Bench of Justices AK Jayasankaran Nambiar and Gopinath P highlighted the deaths of elephants in captivity and expressed deep concern over the cruelty inflicted on pachyderms during festivals and parades.

"Out of 600 elephants in captivity, at least 154 have died, accounting for 25-30 percent deaths. If this continues, the next generation will only see these animals in museums like how you see dinosaurs etc today. For those who claim this is done in the name of tradition, please remember this," Justice Gopinath said.

The bench remarked that such practices, commonly seen at religious and social events, are rooted more in commercial motives than in genuine cultural or religious traditions.

"We are clear in our minds—whatever be the traditional practices projecting the need for 25 or 30 elephants, saying this has been done for 500 or 800 years is absolute humbug. This is a hype created purely for commercial purposes. Every religious practice today must comply with safety requirements and regulations," Justice Gopinath remarked.

Hence, the Bench called for strict guidelines while parading these animals for festivals.

The Court was hearing pleas concerning the prevention of cruelty against captive elephants.

The Bench has been monitoring this issue through a suo motu public interest litigation (PIL) initiated in July 2021, aimed at addressing animal cruelty.

During the previous hearing, the Court had asked stakeholders including including elephant owners, NGOs and temple committees to suggest guidelines that could be issued as a judicial order to prevent cruelty to elephants until government rules are implemented.

The Amicus Curiae submitted a report recommending that elephants be used only for religious ceremonies and not for any private functions, gatherings or inaugurations.

Key guidelines include a mandatory 24-hour rest between processions to minimize overwork, and a transport limit of 100 kilometers by vehicle or 30 kilometers on foot per day to prevent exhaustion.

The report also suggested maintaining a minimum distance of three meters between elephants to reduce aggression and prohibiting activities like tusk-raising contests and showering of flower since they cause undue stress.

It was also recommended that elephants over 65 years old be exempt from processions, considering age-related health concerns. Additionally, a few other guidelines including public safety measures were mentioned in the report.

During the hearing yesterday, the Court also turned down a request to bring new elephants into the State.

"Until the lion learns to speak, the hunter will be glorified. You can have your traditions but not at the cost of the misery of others. Unless we make this state elephant-friendly, there is no question of bringing any (new) elephant to misery. Unless we are convinced that people look after elephants, we will not allow any new elephants here," Justice Nambiar remarked.

The Court posting the matter for further hearing on November 12 when it will finalise the guidelines to prevent cruelty.

"The guidelines currently address only cruelty to animals. So, if an essential religious practice is causing cruelty, we cannot ignore it. The guidelines will serve as the bare minimum to ensure that basic rights are preserved,", Justice Nambiar said.