On January 8, during the BP Angadi Nercha festival in Tirur, Malappuram district, an elephant ran amok, resulting in the death of one person and injuries to 29 others. In response, the Kerala High Court has directed the Malappuram District Collector to submit a comprehensive report detailing the incident. This report is expected to include information on the permissions sought and granted for the use of elephants in the event, as well as any conditions imposed on their participation.
The Division Bench, comprising Justice A. K. Jayasankaran Nambiar and Justice Gopinath P., emphasized the need for clarity regarding safety measures at such events. Previously, the High Court had issued directions mandating a minimum distance of 3 meters between elephants and 8 meters between elephants and the public during temple festivals. However, these directives were stayed by the Supreme Court, which stated that any High Court directions contrary to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, would remain suspended. The Supreme Court also questioned the High Court's authority to frame rules, suggesting that such responsibilities lie with the designated rule-making bodies.
During the proceedings, the Division Bench noted that the existing rules require maintaining a 'reasonable distance' between elephants and the public but lack specificity. Justice Nambiar highlighted the ambiguity in the term 'reasonable distance' and urged the State, as the rule-making authority, to define clear parameters to ensure public safety. The Court expressed concern over reports that attendees at the Tirur event were in close proximity to the elephant, with some even touching the animal, underscoring the need for explicit guidelines.
The Court's insistence on a detailed report and clearer regulations reflects a commitment to preventing such tragic incidents in the future. By seeking precise definitions of safety measures, the Court aims to protect both the public and the animals involved in cultural and religious events. The case has been scheduled for further hearing on January 13, by which time the State is expected to provide clarifications regarding the prescribed distances to be maintained between elephants and the public during such events.
This incident has brought to light the critical need for stringent enforcement of safety protocols concerning the use of elephants in public gatherings. The Kerala Captive Elephants (Management and Maintenance) Rules, 2012, were established to ensure the welfare of captive elephants and the safety of the public. However, the lack of specific guidelines regarding safe distances has led to ambiguities in implementation. The High Court's proactive stance in seeking detailed reports and urging the State to define 'reasonable distance' aims to eliminate such ambiguities, thereby enhancing safety measures.
The outcome of this case could have significant implications for future events involving elephants in Kerala. Clear and enforceable guidelines would not only prevent accidents but also promote ethical treatment of captive elephants, aligning with wildlife protection norms. As the State prepares its response, stakeholders and the public await the establishment of more precise regulations that balance cultural traditions with modern safety and ethical standards.
In summary, the Kerala High Court's intervention following the tragic incident at the Tirur festival underscores the urgent need for clear safety guidelines in events involving elephants. The Court's demand for a detailed report and its call for the State to specify 'reasonable distance' parameters reflect a commitment to safeguarding public welfare and ensuring the humane treatment of captive elephants. The forthcoming proceedings are expected to result in more explicit regulations that will govern the use of elephants in public events across Kerala.
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