Kerala HC Directs Guruvayoor Dewasom Managing Committee To Take Proper Care Of Elephants At Punnathur Anakotta, Says Any Violations May Amount To Cruelty

“The 1st respondent Guruvayur Devaswom Managing Committee and its officials shall ensure that there is proper care to all elephants of Guruvayur Devaswom in Punnathur Anakkotta, in strict compliance with the relevant statutory provisions and also the directions of the Apex Court [(Wildlife Rescue and Rehabilitation Centre v. Union of India and others (2014)], and judgement of this Court referred to Supra [(Prema Kumar P. v. Travancore Devaswom Board and others (2022), Mohanan K.S. v. State of Kerala (2023), Sree Kumar v. Travancore Devaswom Board (2003)].”

The Division Bench comprising Justice Anil K Narendran and Justice G Girish relied upon various decisions and observed that the Guruvayoor Dewasom Managing Committee, being the Trustee of the Dewasom properties has the paramount duty and responsibility to take proper care of the elephants at Punnathur Anakkotta.

It observed that the Managing Committee had failed to discharge their duties and responsibilities which could not be taken lightly.

“The elephants in Punnathur Anakotta are in a way offerings to Lord Guruvayoorappan, by the devotees. Therefore, it is the paramount duty and responsibility of Guruvayur Devaswom Managing Committee to take proper care of the elephants at Punnathur Anakkotta, at all costs. If the elephants are not looked after well, necessarily it will amount to cruelty to animals, which in turn will attract the provisions of the Prevention of Cruelty to Animals Act, 1960,” it observed.

The Division Bench took cognizance of the issue when a video was circulated through social media and local news where mahouts in Punnathur Anakkotta were seen mercilessly and continuously thrashing and torturing two Elephants namely 'Krishna' and 'Junior Kesavan' using iron anguish.

Today, the Court was informed that an FIR was registered against the mahouts alleging offences punishable under the Indian Penal Code and Protection of Cruelty to Animals Act, 1960.

The Court has directed the Divisional Forest Officer, Flying Squad Division, Ernakulam to conduct an inspection in the Punnathur Anakkotta and to submit a report before the Court as to whether the mahouts were using iron anguish to control the elephants.

Further, it has also directed the Administrator of Guruvayur Devaswom Managing Committee to submit a report before the Court regarding the action taken against the mahouts who were allegedly torturing the elephants in the video. It has also sought instructions regarding the installation of CCTV cameras in Punnathur Anakkotta.

Earlier, the Court had directed the Deputy Solicitor General of India, S Manu and Standing Counsel for the Animal Welfare Board to suggest names of members to be included in a Special Team for inspecting the welfare and veterinary status of captive elephants at Punnathur Anakkotta.

It has also directed the Special Government Pleader (Forest), Nagaraj Narayanan to suggest the name of a senior official in the forest department to be included in the special team.

The matter will be next heard on February 14, 2024.

Case title: Sangita Iyer v Guruvayoor Dewasom

Case number: W.P.(C)No.16514 of 2023

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