In a landmark judgment balancing religious freedom and animal welfare, the Madras High Court has ruled that the performance of 'gaja pooja' and the use of elephants in Hindu rituals fall within the constitutional right to manage religious affairs. The court has directed the Tamil Nadu forest department to hand over the custody of three female captive elephants to the Sri Kanchi Kamakoti Peetham.
Court's Ruling on Religious Freedom and Animal Health
Justice V Lakshminarayanan, presiding over the case, clarified that while Article 26 of the Constitution guarantees freedom to manage religious affairs, these rights are subject to public order, morality, and health. The bench made a significant interpretation, stating that the term 'health' in this context should not be limited to humans but must also extend to animals involved in religious ceremonies.
The order came on a petition filed by the Kanchi mutt, which sought directions for the forest department to release the elephants—named Sandhya, Indu, and Jayanthi—and permit their translocation to a new facility developed by the mutt at Konerikuppam village in Kancheepuram.
Long Custody Battle Over the Elephants
The three elephants have had a tumultuous journey over the past decade. They were initially moved to a wildlife rescue centre in 2015 following the death of their mahout. Later, in 2019, as per earlier high court orders, they were shifted to the M R Palayam Rescue Centre in Trichy.
The Kanchi mutt argued for their return, having developed a dedicated facility for the elephants approximately three kilometres away from its main temple. The court, while allowing the mutt's petition, imposed crucial conditions prioritizing the animals' well-being.
Strict Conditions for Animal Welfare
Justice Lakshminarayanan issued clear directives to ensure the elephants' health is not compromised. The court mandated that the elephants, currently undergoing treatment for various ailments, must not be moved from the Konerikuppam facility until they achieve full health.
Furthermore, the court empowered the mutt to perform 'gaja pooja' and other associated rituals at the Konerikuppam site itself. The judgment states that the petitioner will only be allowed to move the elephants to the temple or other areas upon receiving a formal certification from the forest department's elephant committee.
To ensure ongoing oversight, the court has ordered the district welfare committee for captive elephants to conduct monthly inspections of the animals and their facility until they are declared fully healthy. After recovery, the inspections will continue on a quarterly basis.
This ruling sets a precedent by explicitly linking the constitutional protection of religious practices with the ethical responsibility towards animals used in those very rituals, creating a framework for their coexistence.
