Madras High Court Rejects Forest Department's Appeal, Upholds Elephant Custody Order
In a significant ruling, the Madras High Court on Friday refused to interfere with an earlier order directing the Tamil Nadu forest department to hand over custody of three female elephants to the Sri Kanchi Kamakoti Peetham in Kancheepuram. The court dismissed an appeal filed by the department, reinforcing the mutt's legal ownership rights over the animals.
Background of the Elephant Custody Dispute
The three elephants, named Sandhya, Indu, and Jayanthi, were originally under the care of the Sri Kanchi Kamakoti Peetham. However, they were handed over to the forest department several years ago after the sudden death of their mahout, which left the mutt unable to maintain them properly at the time. Despite this temporary arrangement, the mutt remained the legal owner and later sought to reclaim custody as it established new facilities.
Court's Strong Criticism of Forest Department
A division bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan delivered a sharp rebuke to the forest department during the proceedings. The bench observed, "The mutt appears to be more concerned about the health of the elephants than you (forest department)." It further criticized the department's reluctance to comply with court orders, stating, "After keeping the elephants in your custody for six years, you were still refusing to hand them over to the owner, citing some reason or the other."
The bench highlighted a broader issue, noting, "The problem is the state never wants to accept the orders of the courts even if such orders are passed on the basis of the consent of the state." This remark came in reference to a single judge's order dated January 10, which recorded the department's initial consent to transfer the elephants back to the mutt.
Religious Freedom and Constitutional Implications
On January 10, a single judge of the Madras High Court had passed the original order, asserting that the performance of ‘Gaja Pooja’ and the use of elephants in Hindu religious rituals fall within the scope of Article 26 of the Indian Constitution. Article 26 guarantees the freedom to manage religious affairs, providing a legal basis for the mutt's plea.
The order was issued in response to a petition filed by the Sri Kanchi Kamakoti Peetham, which sought not only the return of the elephants but also permission to shift them to its new facility at Konerikuppam in Kancheepuram. This facility is designed to ensure better care and maintenance for the animals, aligning with the mutt's religious and ethical responsibilities.
Key Points from the Court's Decision
- The Madras High Court upheld the January 10 order, dismissing the forest department's appeal against it.
- The court emphasized the mutt's legal ownership and its demonstrated concern for the elephants' well-being.
- It criticized the forest department for prolonged non-compliance and reluctance to honor court directives.
- The ruling reinforced the constitutional protection under Article 26 for using elephants in religious practices.
- The mutt is now authorized to shift the elephants to its new facility in Konerikuppam, Kancheepuram.
This decision marks a pivotal moment in the ongoing custody battle, underscoring the importance of adhering to legal and constitutional frameworks in matters involving religious institutions and animal welfare. The court's firm stance aims to ensure that the elephants receive proper care while respecting the mutt's religious freedoms.
