8-hour rest, no parade on roads during day: Kerala High Court directives for captive elephant welfare

The Kerala High Court on Thursday issued detailed directives for strict implementation of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 (the 2012 Rules) and the Supreme Court’s directions to regulate the treatment and exhibition of elephants, particularly in festivals and parades where they are often exploited for commercial purposes [In Re Captive Elephants v Union of India & ors]

A Division Bench comprising Justice AK Jayasankaran Nambiar and Justice Gopinath P passed the order setting out interim guidelines to prevent cruelty to pachyderms and to ensure their well-being when employed in parades, festivals and other events.

The directions include ensuring arrangements for adequate food, water and shelter for the elephants, providing enough space for the elephants at the parading venue to ensure a minimum distance between elephants and from sources of fire, percussion displays or the public, compulsory rest for 8 hours every day and a 3-hour cap on continuous exhibition of an elephant.

The Court also barred parading of elephants on public roads between 9 am and 5 pm and transporting them between 10 pm and 4 am.

Further, they should not be made to walk for more than 30 kilometers a day for the purpose of transportation, the Court directed.

The bench in its order drew comparisons between the treatment of elephants in captivity and the infamous atrocities of Nazi Germany’s extermination camp, Treblinka, reflecting on the general state of human-animal relations.

It noted that despite repeated instructions from the Supreme Court including directives to ensure humane treatment towards elephants, the Kerala government had failed to enforce these rules.

The Court condemned the repeated extensions granted by the government in ensuring implementation of the rules and said that such delays have led to significant harm to captive elephants including a rise in elephant deaths.

Directions

The following are the Court’s directions for immediate implementation:

• Inclusion of a representative from the Animal Welfare Board of India (AWBI) in the District Committees established under Rule 10 of the 2012 Rules.

• Organisers of festivals to submit a detailed application to the District Committee at least one month before the event, which must include the elephant’s identification details, the dates of the proposed exhibition, information on temporary tethering facilities, details on the procession route and timings, a veterinary health certificate, and a declaration regarding the elephant’s health status, musth periods, and any instances of the elephant running amok within the past year.

• The District Committee may only grant permission for elephant exhibitions if the organizer can provide evidence of arrangements for adequate food, water, and shelter.

• The tethering site must meet certain criteria, such as cleanliness, ample space for the elephant to move, and access to potable water. The venue must also provide enough space for the elephants, ensuring a minimum distance between elephants and from sources of fire, percussion displays, or the public. Further, the parade route must have sufficient space to safely parade elephants without compromising their welfare or public safety.

• Temporary tethering facilities at festival sites must adhere to strict guidelines, including the requirement for shelter with a minimum floor area of 9 meters by 6 meters and a height of at least 5.5 meters. The site must provide shade, proper drainage, and continuous access to clean water. The floor should be made of natural materials to keep it dry, and waste removal must be ensured to prevent elephants from standing in their own refuse.

• The parade venue for elephants must also meet certain requirements to ensure the safety and well-being of the animals. These include maintaining a minimum distance of 3 meters between elephants, 5 meters from sources of fire and at least 8 meters from the public.

• No procession of elephants through public roads shall be permitted between 9:00 am and 5:00 pm and they should not be transported between 10:00 pm and 4:00 am or made to walk more than 30 kilometers a day for transportation. Any travel beyond this distance must be carried out by a vehicle approved for transporting elephants.

• No elephant should be exhibited for a continuous period exceeding 3 hours.

• Elephants Should receive at least 8 hours of rest during any 24-hour period.

• Fireworks or fire-related activities should be situated at least 100 meters away from the elephants, and the route should avoid exposing elephants to excessive heat, with provisions for feeding and providing water along the route.

• The Principal Secretary of the Forests and Wildlife Department should submit an affidavit explaining the circumstances under which Government Orders, such as G.O (Ms.) No. 19/2022/F&WLD, were issued, particularly those extending deadlines for complying with the Supreme Court’s directions. This affidavit must clarify whether the government has complied with the Supreme Court’s orders and provide reasons if non-compliance has occurred.

• Organisers and Devaswoms (of temples or religious organisations) should not deploy “Elephant Squads” during festivals or exhibitions where elephants are being paraded.

• Use of 'capture belts' or any inhumane methods of capturing elephants that may misbehave or run amok is prohibited.

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, they had reviewed the draft rules formulated by the government to address the welfare of captive elephants.

However, the bench noted that the rules were lacking in key areas such as time intervals between parades, dietary needs, and proper health care for the elephants.

These gaps prompted the bench to suggest that stakeholders including including elephant owners, NGOs and temple committees to submit their suggestions for interim guidelines that could be issued as a judicial order to prevent cruelty to elephants until government rules are implemented.

The bench decided to proceed with drafting interim guidelines in order to address immediate concerns, ensuring that elephants receive better treatment in the short term.

The Court in it's order mentioned the alarming statistics showing a significant decline in the captive elephant population due to neglect and commercial exploitation, evidenced by the substantial funds spent on arranging elephants for festivals, while disregarding their health and safety.

The Court’s order aims to fill the gaps until the implementation of the 2012 Rules and to reinforce the Supreme Court’s directives in the case of Wildlife Rescue and Rehabilitation Centre and others v Union of India (2016) 1 SCC 716.

"We are clear in our mind, in the facts of the present case, that we are not in the process of making any law while issuing the directions that we propose to issue in this case. At best, we are only filling up the ‘gaps’ . We are only ensuring the proper implementation of the 2012 Rules also taking note of the fact that though the Supreme Court had directed its strict implementation as early as on 18.08.2015, the State and its officials have failed to implement the directions and have in fact conveniently chosen to ignore the directions issued by the Supreme Court," the Court added.

[Read Order]