Madras High Court Directs State To Frame SOP Regulating Captive Elephants At Temple Festivals; Mandates Health & Safety Checks
The Madras High Court has directed the State Government to formulate a Standard Operating Procedure for integrating captive elephants in religious ceremonies. [2026 LiveLaw (Mad) 476]
The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan noted that elephants hold a significant place in the ancient temple customs, and their use in religious ceremonies could not be left in a legal vacuum. The court highlighted that the traditions should strictly comply with the constitutional values and the State's fundamental duty to show compassion for living creatures.
“Elephants hold a significant place in the cultural, historical, and religious traditions of the State, where they participate in ituals and processions governed by ancient temple customs. However, the integration of captive animals into religious ceremonies cannot exist in a legal vacuum; scriptural traditions must strictly accord with constitutional values, statutory safeguards, and the fundamental duty enjoined upon the State and citizens under Article 51A(g) of the Constitution of India to show compassion to living creatures,” the court said.
The court was hearing a petition filed by Seva Trust seeking directions to the State to formulate and notify a State-wide SOP governing the participation of elephants in religious functions and temple festivals, subject to animal welfare and safety standards.
At the same time, People for Cattle in India (PFCI), an NGO working to prevent animal cruelty with special focus on cattle protection, had filed an application seeking to get impleaded in the case. The NGO had also sought further reliefs, to refer an issue regarding inter-State transfer and transportation of 5 captive elephants from Assam to Tamil Nadu to a High-Powered committee and to direct the Principal Secretary to Government (HR & CE), Principal Chief Conservator of Forests, and the Chief Wildlife Warden to not take further steps to transfer the 5 elephants.
The court was, however, not inclined to grant the relief to the NGO. The court noted that the official respondents were the custodians to oversee, regulate, and monitor the welfare, transfer, and maintenance of captive elephants within the State. The court added that the official respondents were equipped with official administrative machinery, veterinary boards, and enforcement mechanisms. The court observed that if every person was allowed to join the litigation, it would broaden the judicial inquiry and convert a focused regulatory mandamus into an unmanageable adversarial arena.
With respect to the main prayer to formulate SOP, the court noted that there was a need to harmonise the Tamil Nadu Captive Elephants (Management and Maintenance) Rules, 2011, and the Captive Elephant (Transfer or Transport) Rules, 2024.
The court thus directed the authorities to constitute a Joint Working Group comprising of the Chief Wildlife Warden, the Commissioner of HR & CE, and expert veterinary officers, who shall then submit a comprehensive SOP.
The court observed that the SOP shall cover the pre-festival health & microchip verification, mandatory registration and prior clearance from the respective District Level Committees (DLC), strict regulation of maximum travel duration, compulsory rest intervals, veterinary transit support, and specialized transit vehicles.
Further, the court also added that the SOP shall prescribe mandatory decibel limits for loudspeakers/firecrackers, maintaining safe physical buffer zones between elephants and crowds, and prohibiting the display of elephants in close proximity to pyrotechnics. The court also directed that the SOP shall prescribe the verification of qualified mahouts and strict prohibition of heavy tethering, spiked chains, or any form of physical cruelty.
The court also said that till the time the SOP is finalised and a formal notification is issued, the authorities should ensure that the existing statute is followed and any violation of the animal welfare standards or unapproved transportation during pendency of the proceedings shall be met with immediate statutory action.
Counsel for Petitioner: Mr. V. Raghavachari, Senior Counsel and Mr. S. Prabakaran, Senior Counsel for Mr. V. R. Shanmuganathan, Mr. T. Mohan, Senior Counsel for M/s. Aishwarya S. Nathan, Mr. Suhrit Parthasarathy for M/s. Aishwarya Vaidialingam
Counsel for Respondent: Mr. Mohammed Fayaz Ali, Special Government Pleader (Forest) and Mr. S. Seenivasan Govt Advocate, Mr. R. Bharanidharan Special Government Pleader for (HR and CE)