CHENNAI: The Madras High Court has ordered the forest department to return the three captive elephants to the Kanchi Kamakoti Peetham as the mutt has developed a facility to look after them. Justice V Lakshminarayanan passed the orders recently on a petition filed by the mutt. He directed the authorities concerned of the government to hand over custody of the three elephants – Sandhya, Indu and Jayanthi – to the mutt within a week. The animals shall not be taken out of the facility at Konerikuppam till their health is restored, the order said.
The judge permitted the mutt to perform “Gaja pooja” and other rituals involving the elephants within the facility at Konerikuppam. However, the court permitted to take the pachyderms out only after they are given a clean bill of health by veterinary doctors.
The mutt had filed the petition praying for the court to direct the forest department to return the three jumbos which were handed to the department and have been in the elephant rehabilitation camp at MR Palayam following the death of the mahout in 2015. Later, the mutt developed a facility at Konerikuppam for taking care of the elephants and sought the department to give them back the elephants.
Referring to a judgment (TN Godavarman Thirumulpad case) wherein the Supreme Court had said the law should move from an anthropocentric position to an ecocentric position, the judge – drawing inspiration from the SC observation – gave the direction to permit the petitioners take back the elephants.
Stating that the performance of “Gaja pooja” and the usage of elephants in the Hindu rituals would come within the scope of Article 26 of the Constitution, the judge said the rights under Article 26 are subject to public order, morality and health.