No Iron Chains, RO Water, CCTV Monitoring: Kerala High Court Issues Interim Directions For Welfare Of Guruvayur Temple Elephants

Punnathur Anakkotta is owned by the Guruvayur Devaswom, and it houses the Devaswom's elephants, which are dedicated for temple rituals and festivals.

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar issued the directions in a plea seeking to classify Punnathur Anakkotta as a zoo under the Wildlife (Protection) Act, 1972.

While the Court felt it appropriate to consider the afore question at a later stage, it went on to issue directions as an interim measure. The directions include discontinuation of practice of bathing at tethering sites, replacement of iron chains with cotton ropes for tethering, provision of clean areas, safe drinking water, proper feeding, etc.

The Court also asked the GMDC to take measures to acquire additional land so that the elephants housed at the Kotta have adequate space:

“the GDMC shall take earnest and time-bound steps to acquire additional land so as to provide adequate space for housing the elephants in a manner consistent with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, and the accepted standards governing the welfare and management of captive elephants. The GDMC shall also place before this Court, on the next posting date, the progress made in that regard, including the concrete steps taken towards acquisition of additional land and the proposed timeline for completing the process.”

Directions

The Court visited the statutory mandates provided under the Wildlife (Protection) Act, 1972, the Prevention of Cruelty to Animals Act, 1960, and the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 as well as various guidelines issued by the central government.

It also perused the petitioner's contentions, the counter by the Devaswom, the reports submitted by the two-member team of the Animal Welfare Board, the Advocate Commissioner, the Special Team constituted by the Court.

It then recommended:

“At the present stage, our primary concern is to ensure that the welfare of the elephants is adequately safeguarded and that the recommendations made by the various expert bodies are implemented, to the extent possible, without further delay…as an interim measure, we issue the following directions, which shall be implemented without fail by the Guruvayur Devaswom Managing Committee.”

Clean, hygienic and healthy environment

The Court has directed that the housing facilities provided at the Kotta must strictly comply with Rule 3 of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.

It has directed that the elephants should be provided with a clean and healthy environment. The tethering areas shall consist of levelled, earthen flooring and measures should be taken to prevent continuous dampness by altering the locations, frequent cleaning.

The elephant dungs are to be removed regularly and promptly, the Court directed.

Adherence to Model Feeding Schedule

The GDMC is directed to comply with Rule 6 with respect to the quality and variety of the feed provided and to adopt the Model Feeding Schedule for Captive Elephants issued by the Chief Wildlife Warden and Principal Chief Conservator of Forests.

Purified drinking water

The Court has directed that the Committee is to make sure that the RO water purification system at the Kotta is properly working and that all elephants have uninterrupted supply of safe drinking water.

Bathing requirements

The water bodies situated at the Kotta is directed to be de-weeded and desilted immediately, the Court said. It has further directed that the practice of bathing elephants adjacent to their tethering places with hoses must be discontinued. The GMDC is to ensure that all elephants have the opportunity to bather in running water at least once a week.

Measures to improve physical and psychological welfare

“The GDMC shall strive to ensure that every elephant is provided with an opportunity to walk a distance of 4 to 5 kilometres every day, at least on a rotational basis. The Board shall also take steps to introduce suitable environmental enrichment measures, including mud baths, recreational areas, and opportunities for bathing in running water, so as to improve the physical and psychological welfare of the elephants,” the Court observed.

Tethering

The Court has directed that immediate steps be taken to replace iron chains with cotton ropes or other tethering mechanism with suitable cushioning except for elephants in musth. It has asked the GDMC to ensure alternative legs are tethered and to continue prolonged continuous tethering.

It added:

“The GDMC shall also examine alternative methods of safely housing elephants during their resting periods, including the use of suitable enclosures, trenches, steel cable fencing, solar fencing, or rail fencing, so as to substantially reduce the duration of chaining.”

Veterinary facilities, installation of CCTV cameras, etc.

The Court has directed the GDMC to upgrade the veterinary facilities without delay with essential diagnostic and treatment equipment. The GDMC is also to ensure appointment of additional doctor, if needed.

A direction was passed to install CCTV cameras in all significant areas of the Kotta to ensure transparency and prevent cruelty to the animals. Additionally, other directions have also been passed for periodic inspection, record maintenance, etc.

The case is posted to September 2 for further consideration.

Case No: WP(C) No. 16514 of 2023 & WP(C) No. 16530 of 2023

Case Title: Sangita Iyer v. Guruvayur Devaswom and Ors.

Counsel for the petitioner: M.R. Hariraj (Sr.), Thanuja Roshan, Viswajith C.K, Gisha G. Raj, Rejivue K.C., Vidya A.K, Akhila S., Megna Mariyam M., Gayatri Viswanathan, Renjith Thampan (Sr.), Karthika Ganesh

Counsel for the respondents: Dayasindhu Shreehari N.S., Senior Panel Counsel, Jaishankar V.Nair, Senior Panel Counsel

Click to Read/Download Interim Order