KOCHI: In a major setback to the devotees of Sree Poornatrayeesa Temple, Tripunithura, the Kerala High Court on Friday dismissed the petition filed by Cochin Devaswom Board seeking to exempt it from complying with the direction regarding the parading of elephants for the 'Vrishchikolsavam 2025' of the temple.
A Division Bench comprising Justice AK Jayasankaran Nambiar and Justice Gopinath P held that the conduct of festivities by parading elephants is not a part of the essential religious practice of any religion. "The requirement of maintaining distance between the elephants that are being paraded is a requirement of safety," said the court.
The court in its judgement also clarified that a minimum distance of three meters shall be maintained on all four sides of the animal when it is being paraded.
The order mandates that the District Committee shall consider the availability of space inside temples or other places where the exhibition or parading is proposed and will ensure that no permission is granted unless the venue where the exhibitions or parading of elephants is proposed has sufficient space to parade the elephants with -- a minimum distance of 3 meters between two elephants, a minimum distance of 5 meters from the elephant to the flambeau or any other source of fire, a minimum distance of 8 meters from the elephant to the public and any percussion display.
Meanwhile, the Cochin devasom board stated that the ‘pathivu’ register maintained by the devaswom from 1957 onwards would show that 15 elephants have always been paraded in the festival. Hence they sought an exemption from complying with the directions issued by the Court on November 13.
According to the Board, the traditions and rituals of Sree Poornathrayeesha Temple are still under the control of the Ruler of Cochin (now represented by the Palace Administration Board) and it is not open to the Devaswom Board to tinker with the rituals without the permission and directions of the Palace Administration Board. If such distance is maintained, it will not be possible to parade 15 elephants inside the temple. "The orders issued by the Court, to the extent they tend to interfere with rituals that are like essential religious practice, would fall foul of the rights guaranteed by Articles 25 and 26 of the Constitution of India, and cannot be sustained," said the Board.
The Board submitted that even if any of the other directions are not modified, the order to maintain the three-meter distance between elephants, while they are being paraded, may be removed as it is impractical and will interfere with the conduct of the festival.
The court said that the availability of space for parading elephants inside the Poornathrayeesa temple is stated to be 22 meters and a little more. It is not disputed before the court that the festival results in a very large number of people including women and small children convening at the temple and its premises.
"We are afraid that in the interest of safety, we cannot reduce the distance of three metres which we have directed to be maintained in the order," said the court.
