Why in news?

Recently, a disturbed male elephant injured 24 people during a mosque feast in Malappuram, Kerala. The incident has revived debates on animal welfare and public safety, especially following recent legal disputes over using elephants in ceremonies.

Kerala reported 24 captive elephant deaths in 2024 and 154 since 2019, while domestic elephants killed 196 people at festivals between 2011 and 2023.

Last month, the Supreme Court invoked volenti non fit injuria (voluntary assumption of risk) to state that devotees accept the risks of attending festivals with paraded elephants.

What’s in today’s article?

• Stand of Court on this issue
• Agony suffered by the elephants used in in religious ceremonies
• Continued Supply from the Wild
• Way forward

Stand of Court on this issue

• Kerala High Court's Suo Moto Intervention
  • In November 2024, the Kerala High Court mandated safety measures for festivals involving elephants, including:
    • 3 meters between two elephants
    • 5 meters between an elephant and flaming torches
    • 8 meters between an elephant and the public or percussion displays
    • 100 meters between elephants and fireworks
  • These measures effectively limited the number of elephants paraded, based on available space.
• Impact on Thrissur Pooram
  • The restrictions affected Kerala's largest religious festival, Thrissur Pooram, started in the late 18th century by Sakthan Thampuran, Maharaja of Kochi.
  • Festival organizers argued that maintaining a 3-meter distance was impractical and approached the Supreme Court (SC).
• Supreme Court's Decision
  • The SC stayed the Kerala HC order, emphasizing that courts should not engage in law-making.
  • The apex court reverted to the safety norms under the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, which are often violated.
    • Animal rights activists have highlighted frequent breaches of the 2012 rules.
    • They cite examples like the January 5 incident where five elephants were paraded within the confined compound of Thrissur’s Thiruvambady temple.

Agony suffered by the elephants used in in religious ceremonies

• Elephants Have No Choice
  • Unlike devotees who voluntarily attend festivals, elephants are forced into these events without consent.
  • The elephant involved in the recent tragedy, had a history of stress-induced aggression, including injuring its keeper in January 2024.
  • Despite this, the animal was reemployed after a brief break.
• Stress and Health Impacts on Captive Elephants
  • A 2019 study by the Center for Cellular and Molecular Biology (CCMB) revealed that prolonged participation in religious ceremonies puts elephants under severe stress.
  • Key findings include:
    • Elevated stress hormones (glucocorticoid metabolites) were detected in elephants subjected to chaining and long working hours.
    • Stress led to hyperglycemia, suppressed immune responses, delayed wound healing, and even neuronal cell death.
    • Captive elephants at zoos or forest camps had significantly lower stress levels than those at festivals.
• Visible Signs of Distress
  • Captive elephants display clear signs of extreme stress, such as:
    • Head bobbing, weaving, and swaying, which indicate monotony and mental distress.
    • Physical strain from repetitive actions like kneeling or trunk lifting.
    • Overexertion and lack of exercise due to prolonged standing at one spot.
    • Noise and light exposure further exacerbate their suffering during festivals.

Continued Supply from the Wild

• Legal Restrictions on Capturing Wild Elephants
  • The Madras High Court, in September 2021, reaffirmed the 1977 ban on capturing wild elephants, except for treatment of animals unable to survive in the wild.
  • Trading captive elephants was banned in 1986, but gifting legally possessed captive elephants to capable caretakers remained permitted, creating loopholes.
• Supply from the Wild
  • Despite bans, wild elephants continue to meet demand in temples, particularly in southern states. Key factors include:
    • Ineffective Breeding in Captivity: Breeding is challenging due to the aggressive behavior of males in musth and unproductive forest mating strategies for captive females.
  • Illegal Practices: Wild-caught elephants are misrepresented as captive-bred by removing microchips meant for domestic elephants and implanting them in wild ones.
• Exploiting Human-Wildlife Conflict
  • Man-elephant conflicts provide further opportunities for capturing wild elephants.
  • Politicians have proposed capturing so-called "problem elephants" and sending them to temples, which appeases both villagers and temple trusts, perpetuating the cycle of captivity.

Way forward

• Amendment to the Wildlife Act (2022)
  • The 2022 amendment to the Wildlife Act introduced a proviso allowing the central government to frame rules for the transfer of elephants for “religious and other” purposes.
  • This change risked undoing the conservation gains made since the Act’s inception in 1972.
• Steps Toward Regulation: DNA Mapping
  • To curb the misuse of microchips in identifying captive elephants, the Centre launched a DNA profiling initiative in August 2022.
  • First Phase Results: Within six months, 270 captive elephants were genotyped.
  • Objective: Detect captive bloodlines and ensure better regulation of elephant ownership and transfer.
• Cultural Context and Finding Balance
  • Elephants are deeply tied to Kerala’s cultural traditions, making their removal from festivals unlikely.
  • Experts emphasize finding a middle ground, suggesting:
    • Leveraging Kerala’s cultural association with elephants to ensure their welfare.
    • Using recent Kerala High Court directions to enhance safety measures during festivals.
  • Activists argue that courts should guide practices rather than legislate, enabling safer elephant participation while respecting traditions.