The Kerala High Court strongly opposed a plea seeking permission to parade an elephant with a paralyzed trunk at festivals and other commercial events.
A bench comprising Justices AK Jayasankaran Nambiar and Gopinath P questioned the lawyer representing the elephant’s owner regarding his claims of being an ‘elephant lover.’ The lawyer had asserted that the tusker Mangalamkunnu Umamaheswaran would not be subjected to cruelty.
“We are elephant lovers, we love elephants. We will not subject it to any cruelty and will treat it properly,” the lawyer said.
“Do you want us to clap for you? We do not believe a word of what you are saying. Let us assume that it is partially paralyzed, and what are you standing here for? To get permission to parade the partially paralyzed elephant, right?” the Court retorted.
The Court also questioned the lawyer about his reaction if asked to draft and file a petition while suffering from a fever.
“If you have a fever and are asked to file a writ (petition), what will you do?” the Bench demanded.
The Court remarked that elephants have become financial assets for their owners, who profit by parading them at festivals, inaugurations, and similar events. Celebrating such occasions by using pachyderms does not reflect genuine ‘elephant love,’ the Court stated.
“You are talking about using this elephant. What kind of argument is this, and you claim that you are an elephant lover? These elephants are money-spinning ventures, used for every festival, event, and inauguration. You use them for one function or another, collecting lakhs and lakhs. People think this is the way to celebrate festivals. As long as this demand exists, there will be no genuine lover of elephants,” the Court remarked.
The division bench was hearing a suo motu case concerning animal welfare in the State. The Walking Eye Foundation for Animal Advocacy, an animal welfare organization, had filed an application requesting measures to ensure the welfare of the tusker Mangalamkunnu Umamaheswaran.
On April 12 this year, the Court had ordered that the elephant not be paraded at any festival or used for any commercial purpose without obtaining the Court’s permission. The Court had also directed the Assistant Conservator of Forest of Palakkad, under whose custody the elephant is currently kept, to ensure that the tusker receives proper care.
When the matter was heard on July 19, the elephant owner’s counsel argued that the elephant was fit for parading and produced a fitness certificate. However, Senior Counsel Dhanya P Ashokan, representing the foundation, countered that the 51-year-old elephant had been diagnosed with partial paralysis of its trunk and should not be paraded due to potential health risks.
She also questioned the reliability of the fitness certificate and other health reports produced by the custodian. The foundation’s counsel added that despite the elephant’s partial paralysis, which had persisted for a decade, no records of its treatment had been submitted to assess the type of care being provided.
The Court then made harsh observations against the owner’s counsel before directing Advocate Nagaraj Narayanan, the Special Government Pleader (Forests), to instruct the Assistant Conservator of Forests to submit a detailed report on the elephant’s condition within a month. The Court also ordered that the Assistant Conservator of Forests be present at the next hearing.
