'Elephant processions are part of culture': Supreme Court stays Kerala HC's interim order

New Delhi: The Supreme Court has stepped in to stop the Kerala High Court’s interim order that could lead to a complete ban on elephant processions in festival celebrations. A bench comprising Justices B V Nagarathna and Satish Chandra Sharma observed that the Kerala HC’s approach appeared to be aimed at curbing a long-standing cultural tradition.
The case originated from a suo motu petition taken up by the Kerala High Court in response to the killing of a pet dog named Bruno. The High Court had issued directives, including an elephant census, citing concerns over the treatment of native elephants in Kerala. However, the Supreme Court noted that such orders could have a broader impact on religious and cultural festivities.
Legal challenge and Supreme Court’s stance
The Vishwa Gajaseva Samithi approached the Supreme Court against the Kerala HC’s decision. Senior advocate Vikas Singh, representing the petitioners, alleged that the High Court judges were unfairly restricting temple festivals. Although he sought a complete stay on the High Court’s proceedings, the Supreme Court did not grant it.
Justice Nagarathna observed that banning elephant processions could interfere with cultural and religious traditions, reinforcing that such practices hold deep significance in Kerala.
Kerala Devaswoms seek case transfer
In a parallel move, the Thiruvambady and Paramekkavu Devaswom petitioned the Supreme Court to transfer the case entirely from the Kerala High Court. However, the Supreme Court declined the request, stating that the Devaswoms could instead present their arguments before the Kerala HC or become parties to the ongoing Supreme Court proceedings.
The Supreme Court also noted that the Devaswoms' intention seemed to be to shift the case out of Kerala, a request that the bench was not willing to accept at this stage. With the Supreme Court’s stay on the Kerala High Court’s interim order, elephant processions during temple festivals can continue for now. However, the larger debate on elephant welfare and festival traditions in Kerala is expected to continue, with further legal scrutiny likely.