Kerala High Court
In Re Captive Elephants vs Union Of India on 21 January, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
Tuesday, the 21st day of January 2025 / 1st Magha, 1946
WP(C) NO. 31520 OF 2024(S)
IN RE CAPTIVE ELEPHANTS
(SUO MOTU) PUBLIC INTEREST LITIGATION PROCEEDINGS INITIATED BY THE
HIGH COURT IN THE MATTER OF EXECUTIVE AND LEGISLATIVE INACTION OF THE
STATE GOVERNMENT IN THE MATTER OF PROTECTION OF ANIMAL RIGHTS
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF
FISHERIES, ANIMAL HUSBANDRY AND DAIRYING DEPARTMENT OF ANIMAL
HUSBANDRY AND DAIRYING, GOVERNMENT OF INDIA, KRISHI BHAVAN, NEW
DELHI, PIN 110 001
2. THE ANIMAL WELFARE BOARD OF INDIA, REPRESENTED BY ITS CHAIRMAN,
NATIONAL INSTITUTE OF ANIMAL WELFARE CAMPUS P.O., 42K STONE,
DELHI-AGRA HIGHWAY, NH-2, VILLAGE -SEEKRI, HARYANA, PIN 121004
3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
THIRUVANANTHAPURAM, PIN 695036
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, ANIMAL HUSBANDRY
DEPARTMENT, THIRUVANANTHAPURAM, 695036
5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, 695036
6. THE KERALA STATE ANIMAL WELFARE BOARD, THIRUVANANTHAPURAM , PIN
695036
7. THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE,
LAKKIDI P.O., WAYANAD, PIN 673 576
8. THE STATE POLICE CHIEF, KERALA, THIRUVANANTHAPURAM,PIN 695010
9. ANGELS NAIR, GEN. SECRETARY, ANIMAL LEGAL FORCE INTEGRATION,
AGED 54 YEARS, KAPPILLIL HOUSE, PULLUVAZHY P.O., PERUMBAVOOR,
ERNAKULAM DIST., PIN-683 541.
10. M.N.JAYACHANDRAN, AGED 63 YEARS, S/O K.NARAYANAN NAIR, RESIDING
AT MUNDAMATTOM HOUSE, THODUPUZHA P.O., IDUKKI, 685 584
11. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE (FOREST AND WILD LIFE DIVISION,
PROJECT ELEPHANT), NEW DELHI-110003
12. RADHAKRISHNAN, PANANCHERRY HOUSE, PAYYAPPILLY MOOLA, PUTHUR,
THRISSUR, 680014
13. GANESAN, S/O RADHAKRISHNAN, PANANCHERRY HOUSE, PAYYAPPILLY
MOOLA, PUTHUR, THRISSUR, 680014
14. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS & HEAD OF FOREST
FORCE FOREST HEAD QUARTERS, VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM, 695014
P.T.O.
15. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) & CHIEF
WILDLIFE WARDEN (KERALA), FOREST HEAD QUARTERS, THYCAUD P.O.,
THIRUVANANTHAPURAM, 695014
16. ANEESH MATHEW, AGED 47 YEARS, S/O. MATHEW, RESIDING AT
VENGALISHERRIL VEEDU, CHINNAKANAL PANCHAYAT, UDUMBANCHIRA TALUK,
MUNNAR, PIN :685 618.
17. M/S WALKING EYE FOUNDATION FOR ANIMAL ADVOCACY, REG.NO. 48/2022,
REG.OFFICE AT II/263 A, KAIPARAMBU, THRISSUR DISTRICT, KERALA
STATE, 680546 REPRESENTED BY ITS FOUNDER AND MANAGING TRUSTEE,
VIVEK K.VISWANATH, AGED 31 YEARS, S/O K.V.ACHUTHAN, HAVING A
PERMANENT ADDRESS AT KURUNELLIPARAMBIL HOUSE, KAIPARAMBU P.O.,
THRISSUR 680546
18. V. K. VENKITACHALAM, AGED 73 YEARS, S/O LATE V. N KRISHNA IYER,
RESIDING AT PATTAMALI MADOM, T.C. 35/571, THIRUVAMBADI P.O. ,
PIN- 680 022.
19. P.PRAVEEN, S/O PARAMESWARAN, MANGALAMKUNNU ANGADI, KATTUKULAM
P.O, PALAKKAD 679 514
20. RAJENDRAKUMAR P., AGED 56 YEARS, S/O GOPALAKRISHNAN, PUTHAN
VEEDU, CHERUPULASSERY, PALAKKAD 679503
21. ABDUL NASAR, AGED 64 YEARS,S/O ABOOBAKAR, KOLAKKADAN HOUSE,
KIZHUPURAMBA P.O., MALAPPURAM DISTRICT[IMPLEADED AS PER ORDER
DATED 06.09.2024 IN IA 10/24 IN WP(C)]
22. V.SHAJI, S/O.VISWAMBHARAN,KAVERI,KOLLAM,691302[SUO MOTU
IMPLEADED AS ADDL.R22 AS PER ORDER DATED 27.09.2024 IN WP(C)]
23. HRITHWIK D. NAMBOOTHIRI, PALLERI MANA, ULIYANNOOR P.O, ALUVA
[IMPLEADED AS ADDL. R23 AS PER ORDER DATED 27.09.2024 IN
I.A.25/2024 IN WP(C)]
24. M/S KERALA ELEPHANT OWNERS FEDERATION, REPRESENTED BY ITS
GENERAL SECRETARY IN CHARGE RAVINDRANATHAN, AGED 65, S/O
SIVARAMAN NAIR, USHASREE, ETTUMANOOR P O, KOTTAYAM DISTRICT
[IMPLEADED AS ADDL.R24 AS PER ORDER DATED 25.10.24 IN IA 28/24
IN WP(C)]
25. THIRUVAMBADY DEVASWOM, THIRUVAMBADY DEVASWOM OFFICE,THIRUVAMBADY
DEVASWOM BUILDING,ROUND WEST,THRISSUR,PIN-680001,REPRESENTED BY
ITS SECRETARY
26. PARAMEKKAVU DEVASWOM ,PARAMEKKAVU DEVASWOM BUILDING, ROUND EAST,
THRISSUR,PIN 680001,REPRESENTED BY ITS SECRETARY[ADDL.R25 & R26
IMPLEADED AS PER ORDER DATED 05.11.2024 IN IA 13/24 IN WP(C)]
27. KERALA FESTIVAL COORDINATION COMMITTEE, REPRESENTED BY ITS
PRESIDENT, RAJESH PALLATT, AGED 51 YEARS, S/O P R BHASKARAN
PILLAI, PALLATTU HOUSE, MELAMPARA P.O., KOTTAYAM -
686578.[ADDL.R27 IMPLEADED AS PER ORDER DATED 05.11.2024 IN IA
29/24 IN WP(C)]
28. RAGI SREEVALSAN, MANAGING PARTNER,SREE MAHESHWAR GROUP,
ANNAMANADA,THRISSUR,680741[ADDL.R28 IMPLEADED AS PER ORDER DATED
05.11.2024 IN WP(C)]
P.T.O.
ADDL.R29-R32 IMPLEADED
29.THE TRAVANCORE DEVASWOM BOARD ,NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM 695003, REPRESENTED BY ITS SECRETARY
30.THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR,
KERALA,REPRESENTED BY ITS SECRETARY
31.THE MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALLAM P.O,
ERANHIPALLAM, KOZHIKODE,REPRESENTED BY ITS SECRETARY.
32.THE GURUVAYOOR DEVASWOM BOARD, GURUVAYOOR,
THRISSUR-680 101,REPRESENTED BY ITS ADMINISTRATOR *ADDITIONAL R29 TO
R32 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 13.11.2024 IN WP(C) 31520/24
ADDL.R33 IMPLEADED
33. M/S. PEOPLE FOR ANIMAL TRIVANDRUM CHAPTER,
REPRESENTED BY ITS SECRETARY LATHA.I, AGED 53 YEARS,
D/O. K.GOPALAKRISHNAN NAIR, RESIDING AT TC 21/1030,
ARATHY, KOZHIYOD LANE, PALKULANGARA,
THIRUVANANTHAPURAM, PIN - 695 024.
ADDL.R33 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 50/2024 IN WP(C) 31520/2024.
ADDL.R34 IMPLEADED
34. RAVI MANOHAR, AGED 68 YEARS, S/O N.RAMAN NAIR,
THE SECRETARY OF MANARKAT BHAGAVATHY DEVASWOM BHARANA SAMITHI
WITH REGISTRATION NO. K/178/90 MANARKAT, KOTTAYAM,
PIN - 686 019.
ADDL.R34 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 54/2024 IN WP(C) 31520/2024.
ADDL.R35 IMPLEADED
35. PREETHI SREEVALSAN, AGED 45 YEARS, D/O.DR.B.SREEVALSAN,
RESIDING AT TC V/608, CHERUMUKKU TEMPLE ROAD,
CHEMBUKKAVU, THRISSUR - 680 020.
ADDL.R35 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 56/2024 IN WP(C) 31520/2024.
P.T.O.
This suo motu writ petition coming again on for orders upon perusing the
petition and the affidavit filed in support of WP(C), this Court's order dated
13/01/2025 and upon hearing the arguments of DEPUTY SOLICITOR GENERAL OF INDIA-
in-Charge, SRI.JAISHANKAR V.NAIR & SRI.ACHUTH KRISHNAN R., CGC for R1, R2 & R11,
SRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL, SRI.T.A.SHAJI, DIRECTOR GENERAL OF
PROSECUTION, SRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR & T.S.SHYAM PRASANTH,
GOVERNMENT PLEADER for R3 to R6 & R8,M/S. AYSHA YOUSEFF, MANU GOVIND, Standing
Counsels for R7, ANGELS NAIR(AS Party-in-Person, R9), SRI.M.R.HARIRAJ (SENIOR
ADVOCATE) a/w M/s.GANGA A.SANKAR, REJIVUE K.C., THANUJA ROSHAN, CHACKOCHEN
VITHAYATHIL, VISHNU RAJAGOPAL, VISWAJITH C.K, GISHA G. RAJ, ALINA ANNA KOSE,
KARTHIKA GANESH, P.I.RAHEENA, VISHNU PRASAD N.K. & SANDHRA MARIA SEBASTIAN,
Advocates for R10, M/S. V.M.KRISHNAKUMAR & P.S.SIDHARTHAN, Advocates for R12 &
R13, SPECIAL GOVERNMENT PLEADER (FOREST) for R14 & R15, M/s. K.SANDESH RAJA, DENU
JOSEPH, ASWIN T SURESH & MUHISEENA.V.Z, Advocates for R16, SMT.DHANYA P.ASHOKAN
(SENIOR ADVOCATE) a/w M/S. GAYATHRI MURALEEDHARAN, RAMAKRISHNAN M.N., ARATHY P.,
Advocates for R17, M/S. BHANU THILAK & S.R.PRASANTH, Advocates for
R18,SRI.P.K.SURESH KUMAR (SENIOR ADVOCATE) along with SMT. ANJALI MENON,
Advocates for R19, M/s.V.SREEJITH, MANSOOR.B.H. and SAKEENA BEEGUM, Advocates for
R20, M/S. SHANKAR V., T.H.ABDUL AZEEZ, MOHAMMED SADIQUE.T.A, K.P.MAJEED and
K.M.MOHAMMED YUSUFF, Advocates for R21, P.B.KRISHNAN (SENIOR ADVOCATE) a/w
M/s.P.B.SUBRAMANYAN, SABU GEORGE, B.ANUSREE & MANU VYASAN PETER, Advocates for
R22, SRI.HRITHWIK D. NAMBOOTHIRI,(AS PARTY-in-PERSON,R23),SRI.G.SREEKUMAR
(CHELUR), Advocate for R24, SRI.N.K.SUBRAMANIAN,Advocate for R25 & R26,
M/s.RENJITH B.MARAR, BASIL CHANDY VAVACHAN,BASIL SAJAN,FATHIM NAVAS,KAVYA RANI
JAYAPRAKASH ,LEKSHMI PRIYA V.,ANJANA V.,BASIL SCARIA,CHARUTHA BHAIJU and
CHANDHANA BHAIJU, Advocates for R27, SMT.ANJALI MENON, Advocate for R28,
SRI.K.P.SUDHEER, STANDING COUNSEL for R30, M/S. BHANU THILAK, S.R.PRASANTH,
VISHNU.R, SARUN K. IDICULA, ATHIRA K. SASI & FATHIMA RINSHA T.P., Advocates for
Addl.R33, SRI.T.SETHUMADHAVAN (SENIOR ADVOCATE) along with M/S. K.SUJAI SATHIAN,
PREETHI. P.V., MARY LIYA SABU, AISWARYA S. ASHOKAN, NEERAJ KRISHNA KUMAR & AYISHA
BASILA ASHARAF, Advocates for Addl.R34, M/S. ALINA ANNA KOSE, P.I.RAHEENA,
AKHILA S., VISHNU PRASAD N.K., KARTHIKA GANESH, NAYAN LAL A. & SANDHRA MARIA
SEBASTIAN, Advocates for Addl.R35, SENIOR ADVOCATE S.RAMESH BABU and
Adv.T.C.SURESH MENON, AMICI CURIAE and of SRI.RENJITH THAMBAN (SENIOR ADVOCATE),
the court passed the following:
P.T.O
DR. A.K.JAYASANKARAN NAMBIAR, J.
&
GOPINATH P., J.
-------------------------------
W.P.(C).NO.13275 OF 2019
&
W.P.(C).NO.31520 OF 2024
-----------------------------------
Dated this the 21st day of January, 2025
ORDER
Dr. A.K. Jayasankaran Nambiar, J.
Vide our order dated 13.01.2025, we had inter alia emphasized on the need for the State Government, as the author of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 [hereinafter referred to as the "2012 Rules"], to clarify the scope of the term "sufficient space" used in the Rules to denote the distance that is required to be maintained between elephants used in processions and parades. We had insisted that the Government must specify the distance that should be maintained (i) between elephants and (ii) between elephants and the crowd during festivals because we had come across a tragic incident at Tirur that resulted in the death of one person and injuries to almost 30 other persons.
2. The response of the State Government was also sought so that it would serve to guide the District Committees and the festival Organising Committees in the matter of statutory compliance with W.P.(C).No.13275/19 & :: 2 ::
W.P.(C).No.31520/24
the 2012 Rules as mandated by the Supreme Court. The Additional Chief Secretary to Government, Forest and Wildlife Department, Government Secretariat, Thiruvananthapuram has now filed an affidavit wherein, it is stated as follows in paragraphs 6 to 9:
"6. It is respectfully submitted that some of the directions issued by this Hon'ble Court in its order dated 13.11.2024, including the issues involving "sufficient space/minimum distance" specified to be maintained between two elephants, elephants and public, elephants and flambeau, and elephants and any place where fireworks, were discussed in detail in the Stakeholders' Workshop (participated by forest officials, elephant owners, temple authorities, elephant welfare advocates, veterinarians etc.) conducted by the Forest Department on 20.11.2024 at Thiruvananthapuram, as preparatory to finalize the Draft Kerala Captive Elephant (Management & Maintenance) Rules, 2023. During the discussion, there were divergent views on this aspect.
7. In view of the divergent views which emerged during the Stakeholders' Workshop, in order to ascertain the actual field situations, a team of experienced officers including two Deputy Conservators of Forests and an Assistant Forest Veterinary Officer conducted a field trial at the Elephant Camp, Kottoor and verified the space requirement physically by using the elephants of different sizes and ages in various terrains and situations, at various espacements such as 1 metre, 2 metres, 3 metres etc. During the physical verification, it was noticed that "sufficient space/minimum distance" requirement between the elephants varies according to the terrain, geographical landscape of the location where parade is conducted, space availability, number / size / age and sex of elephants attending the procession, presence of public/crowd density, season, biological and behavioural history of elephants, nature of rituals etc. From the trial, it was observed that specifying a common general distance as "sufficient space / minimum distance" between two parading elephants, elephants and public, elephants and flambeau, and elephants and any place where fireworks are used across the State may not be practically feasible, as this may vary widely based on the factors mentioned above across the State.
8. It is further submitted that the captive elephants in Kerala are being paraded in festivals in accordance with the provisions of the Captive Elephant Rules and in compliance to the order of the Hon'ble Supreme Court dated 18.08.2015 in W.P.(C).No.743/2014. As per Rule 10 of the said Rules, District Committees have been constituted as District levels under the chairmanship of the District Collector. In the W.P.(C).No.13275/19 & :: 3 ::W.P.(C).No.31520/24
above order, the Hon'ble Supreme Court reiterated that "....a question arose whether the temples or the Devaswom shall get themselves registered with the District Committee so that there would be effective and proper control. We think that they should be registered with the committee...". It is further specifically mentioned in the order that "... It shall be the duty of the State, the District Committee, Management of Devaswom, the Management of the Temple and the owners of the elephants to see that no elephant is meted with any kind of cruelty...". From the above, it is clear that the District Committee is responsible primarily for ensuring the safety of public, and the welfare of the captive elephants and the safe conduct of the festivals registered under the Committee.
9. Hence it is further submitted that instead of generalizing the "sufficient space/minimum distance" required between elephants uniformly across the State, it would be appropriate that the District Monitoring Committee concerned may decide the "sufficient space/minimum distance" to be maintained between elephants by taking into account the influencing factors such as terrain, geographical landscape of the location where parade is conducted, space availability, number/size/age and sex of elephants attending the procession, presence of public/crowd density, season, biological and behavioral history of elephants, nature of rituals etc. Moreover, as the District Monitoring Committee is a statutory body responsible for the smooth and safe conduct of the festivals registered under them and consist of officials from various Departments, animal welfare advocates etc., it is appropriate to let them decide on the "sufficient space/minimum distance" to be maintained between two parading elephants, elephants and public, elephants and flambeau, and elephants and any place where fireworks are used, depending upon the local situation and related parameters as mentioned above. The District Monitoring Committee shall also need to consult experts and District Disaster Management Authority etc. to arrive at "sufficient space/minimum distance" for the smooth conduct of the festivals registered under them." (emphasis supplied) We might also refer to the report filed by the District Collector, Malappuram in connection with the tragic incident that occurred at B.P Angadi in Tirur Taluk. While outlining the reasons that led to the unfortunate incident, the District Collector refers to the enquiry report submitted to him by the Sub Divisional Magistrate to W.P.(C).No.13275/19 & :: 4 ::W.P.(C).No.31520/24
emphasize the following:
1. The space available at the place of Nercha was not sufficient to accommodate the gathering, traders and elephants.
2. It is clear from the investigation that the Nercha Committee had obtained permission to participate 10 elephants. When the 'Nercha arrival' started from Potthannur on the third day, there were five elephants, but the elephants which participated on the first day were not included on the third day.
3. The elephants that accompanied the 'Pothannur arrival' were brought to Pothannur on the morning of January 7, 2025. The committee members would state that these elephants were given sufficient water and food and were allowed an hour to rest between arrivals. According to the statement of the Nercha Committee, the elephants were brought in for a distance of about 4.5 kms and after 2 kms they were given rest.
4. There were no barricades separating the public and the elephants.
5. Rs.1 Crore insured as Public Personal Accidental Care was not sufficient insurance amount for this event attended by thousands of people.
6. The permit issued by the Deputy Conservator of Forests office mentioned 10 elephants, but the details of the Elephants are not specified in the order.
7. The permit does not specify date on which the elephants are to be paraded.
8. Permission letter should clearly state starting date and ending date to which permission is granted, but the lack of this information in the permission letter given here is a serious defect.
9. According to the report submitted by the Deputy Conservator of Forest, the incident took place on 7 th January, 2025 at 11.30 pm. During the enquiry it is revealed that the actual time of the incident was on 8th January, 2025 at 12.45 am.
10. As per the Captive Elephants Rules, the procession should be limited between 8.00 AM to 11.00 AM and 4.00 PM to 8.00 PM in the evening. Violating this rule, the elephants were taken to participate in the procession till dawn which is a serious lapse on the part of the Nercha Committee.
11. More than 320 festivals and Nerchas in the district, are already registered before the District Monitoring Committee.W.P.(C).No.13275/19
& :: 5 ::W.P.(C).No.31520/24
The number of officials including Range Forest Officer is not sufficient to check the elephants and other duties related to the functions." (emphasis supplied) The District Collector thereafter refers to the recommendations in the report of the Sub Divisional Magistrate and outlines the gist of the decisions taken by the District Monitoring Committee at Tirur to avoid such incidents in future. The recommendations of the Sub Divisional Magistrate and the decisions taken by the District Monitoring Committee based thereon are spelt out in the report of the District Collector as follows:
"Recommendations:
1. To comply with the directions in order dated 13.01.2025 in W.P. (C).No.31520/2024 [Suo Motu (In Re captive Elephants)]. As per the interim order in this case, the Government was directed to inform the safety distance between parading elephants and people. But it is mandatory to take a decision urgently at the district level because of the huge festival season. Hence the Committee decided to make a condition to ensure a safe distance, which should be maintained between the elephants and the people. Accordingly, the Committee decided to ensure that the festival committees keep a safe distance between the elephants and the people. If there is a situation where the elephants are paraded in a single line, the barricade system should be arranged by the festival committees. It was also decided that only mahouts and the Kavadis should be in this special place.
2. The District Monitoring Committee decided to grant permission to 21 festival committees (already registered temples) who have submitted their application for the procession of elephant in the festival up to the month of February 2025.
3. The District Monitoring Committee decided to organize a class to the festival committee members, through the Social Forestry Division to create awareness about the Captive Elephant Rules.
4. District Animal officer reported that there is no elephant squad in W.P.(C).No.13275/19 & :: 6 ::
W.P.(C).No.31520/24
the district, when any emergent situation arises. Hence, it was decided to take up the matter with the Government.
5. If the elephants become violent during the parade due to the actions in violation of the concerned rules continuously two times and are found parading of elephants more than that allowed, appropriate and suitable bans will be imposed for parading of elephants in such celebrations.
6. The meeting decided to give strict instructions to the committee to provide drinking water to elephant and mahout and sprinkling of water over the body of elephants during the festivals and to prepare and provide suitable arrangements for the same." (emphasis supplied)
3. On a perusal of the affidavit filed on behalf of the State Government, and the report filed by the District Collector in relation to the Tirur incident, we are of the view that the District Committees should, while granting permission to temples/devaswoms/organising committees that are registered with them, for parading of elephants within their premises, undertake the exercise suggested by the Additional Chief Secretary to Government in his affidavit referred above and clearly specify the number of elephants that can be paraded or used for processions and also the space to be maintained
(i) between the elephants and (ii) between the elephants and the crowd/percussion artists/flambeaus, if need be, after obtaining the necessary data from the applicants and/or visiting the premises to satisfy themselves of the area of the precincts and the number of elephants that can be safely accommodated therein in connection with the festival. We further make it clear that the District W.P.(C).No.13275/19 & :: 7 ::
W.P.(C).No.31520/24
Committees shall ensure that the provisions of the 2012 Rules are strictly adhered to in letter and spirit as already mandated by the Supreme Court, and further that no permission is granted without specifying therein the number of elephants to be paraded, the time during which they can be paraded and the distance to be maintained
(i) between the elephants and (ii) between the elephants and the crowd/percussion artists/flambeau.
4. Taking note of the report of the District Collector, Malappuram extracted above stating that there was insufficient Public Personal Accidental Insurance coverage for the event held at Tirur, we also direct that the District Committees shall, while granting permission, insist upon sufficient Personal Accidental Insurance coverage to be taken out by the organisers of the festivals based on the estimate of the crowd that is likely to visit the premises in connection with the festival.
5. Considering the seriousness of the issue, and more particularly in the wake of the tragic instances that we have noticed in recent times involving human life, we would expect the District Committees within the State to strictly adhere to the aforesaid directions. The District Committees concerned shall also take W.P.(C).No.13275/19 & :: 8 ::
W.P.(C).No.31520/24
due note of any violation occasioned by the temples/devaswoms /organising committees and take prompt steps to cancel the permissions granted to such persons.
Post these cases on 30.01.2025.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
GOPINATH P.
JUDGE
prp/22/1/25
21-01-2025 /True Copy/ Assistant Registrar