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Innocence In Chains - The Plight Of India's Temple Elephants

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Category: General Law

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INNOCENCE IN CHAINS: THE PLIGHT OF INDIA'S

TEMPLE ELEPHANTS

Priyanka PT, B.B.A., LL.B. (Hons), Tamilnadu Dr Ambedkar Law University, School of Excellence in Law, Chennai

ABSTRACT

This article delves into the complex and often heartbreaking reality of temple elephants in India, highlighting the significant contrast between their esteemed cultural status and the severe suffering they experience in captivity. Celebrated as symbols of divinity and royalty, elephants play crucial roles in various religious ceremonies and festivals, embodying a rich cultural heritage that many revere. However, this admiration often overshadows the grim truth: many of these majestic creatures are subjected to harsh treatment primarily for financial gain and the continuation of outdated traditions. The article explores the emotional connections that can develop between mahouts and their elephants, illustrating moments of genuine care and understanding. Yet, it also exposes the brutal methods employed to tame these animals, often involving physical punishment and psychological trauma.

This duality of care and cruelty reveals a troubling reality: while some mahouts may love their elephants, the system itself perpetuates suffering, leading to injuries, health issues, and tragically, premature deaths. Through detailed accounts and case studies, the article sheds light on the neglect and abuse that many captive elephants endure. It critiques existing legal protections, such as the Wildlife Protection Act and the Prevention of Cruelty to Animals Act, for their failure to adequately safeguard the welfare of these animals. Despite laws intended to protect them, the practices surrounding their captivity often remain unregulated, allowing for continued exploitation. In seeking solutions, the article advocates for the introduction of mechanical elephants as a humane alternative for temple rituals.

This innovation could not only alleviate the suffering of real elephants but also help preserve cultural traditions in a more ethical manner. The article emphasizes the importance of establishing sanctuaries where captive elephants can live freely and enjoy a semi-wild existence, away from the chains of human exploitation. By calling for stricter regulations, better enforcement of existing laws, and heightened public awareness, the article aims to inspire a compassionate re-evaluation of how society treats these remarkable creatures. It underscores the urgent need to end the cycle of suffering faced

by temple elephants and to restore their dignity in a world that has long held them in high esteem. Keywords: Temple elephants, Captivity, Cultural traditions, Animal welfare, Legal protections for elephants

SYMBOL OF DIVINITY AND ROYALTY

In our society, elephants are seen as sacred beings, going beyond just being wild animals. They inspire great respect, love, and admiration from people, who decorate them with beautiful ornaments. Elephants have become a key part of our celebrations, representing our rich cultural background. The respected Hindu god, Lord Ganesha, who has the face of an elephant and a human body, represents the special connection between humans and elephants. As the one who removes hurdles, Lord Ganesha's link with elephants strengthens their holy status. According to Buddhist legend, Queen Mayadevi's dream of a white elephant foretold the birth of Lord Buddha, symbolizing wisdom, power, and purity. This legendary dream solidified the elephant's revered status in Buddhist tradition.

In Kerala, elephants shine during festivals, getting warm welcomes with flowers, fireworks, and cheers from excited crowds. People joyfully celebrate their presence, showing the elephants' royal importance. The enduring custom of incorporating elephants in festivals boasts a profound history that traces back to the 1700s and 1800s. In addition to their presence in temples, elephants play a crucial role in grand festivals held in churches and mosques, where they carry sacred idols and symbols of significance. The renowned elephant parade at Thrissur Pooram, which has been celebrated for 140 years, presents a mesmerizing spectacle, featuring elephants adorned with brilliant decorations, complemented by percussion ensembles and traditional folk artistry.

In a similar vein, the Pink City Festival in Jaipur commences with an elephant procession, symbolizing the grandeur of Rajput royalty, where participants joyously sprinkle colours on one another during the full moon day, and the most exquisitely decorated elephant is honoured with an award, drawing tourists from around the globe. The illustrious Dasara festival in Mysore showcases the Jambo Savari, an impressive ceremony known as gajapayana. Moreover, elephants contribute to everyday life, being utilized for timber logging in Kerala and serving as draught animals for transporting water in Tamil Nadu. In the past, elephants were seen as symbols of royalty in ancient kingdoms, with the number of elephants showing a kingdom's military power. The Mahabharata tells tales of elephants

decorated with neck ropes, bells, and lances. From Roman to Mughal rulers, elephants had vital roles in battles, acting as command hubs and powerful forces. The employment of elephants in warfare has historically served as a potent psychological tactic, striking fear and chaos into the hearts of adversaries. Beyond their intimidating presence, elephants also provided logistical support, transporting heavy artillery and supplies to the battlefield. These versatile creatures proved adaptable for both offense and defence, making them a valuable asset to powerful kingdoms. Notably, legendary leaders like Alexander the Great recognized the strategic advantage of elephants in warfare, incorporating them into their military campaigns. The sheer size, strength, and majesty of elephants made them a symbol of power and dominance, often demoralizing enemy forces before battle commenced.

Imagine this, a giant elephant charging into battlefield and that is what happened in the legendary Carthaginian battle led by the famous general Hannibal, he used elephants against the romans. The elephants weren’t just huge but terrifying specially trained for battle crushing enemy lines. Apart from battles, elephants helped in creating stunning buildings like the Tanjore Big Temple. Indian art and culture proudly showcase elephants in different ways, such as: Elephant statues and carvings in temples and palaces- Warriors on an Elephant (Daksha Prajapati temple, Banapur, Orissa, 13th century AD). The legacy of elephant warfare underscores the animal's enduring significance as a symbol of power. These magnificent beings have become an essential aspect of India's cultural heritage, fostering tourism while highlighting the nation’s rich history and traditions.

BEHIND THE SACRED VEIL

According to a World Animal Protection report, India is considered to be the birthplace of taming elephants for human use, a practice that began over a thousand years ago. The owner of an elephant in states like Kerala can easily make around 70,000 rupees for a single appearance of the elephant at festivals, weddings, or other functions, but the struggles they face are indescribable. Is it fair to treat elephants miserably solely for the sake of money? Imagine how painful it is for them to leave their families, be beaten, whipped, and tortured by mahouts, treated like slaves. To perform at festivals, these elephants are transported from over 100 miles away in the intense heat, which is not suitable for them, and they are forced to stand for long hours without sufficient space to rest.

Additionally, they carry heavy idols and are adorned with jewels and other decorations; beneath the flowers and ornaments, these elephants often have

scars from the hooks, prods, and shackles used to tame them. The loud noises from large crowds, along with firecrackers and bright lights, terrify them in ways we cannot even imagine. Furthermore, elephants in temples often appear bored, bobbing their heads up and down; we might think this behaviour signifies enjoyment, but the reality is they are distressed. Many elephants in southern India have died due to the ignorance regarding their health by the people managing them, compounded by the very poor diets they receive. In some northern areas, elephants are only given glucose-rich dried sugarcane fodder, whereas, in the wild, they consume 100 kilos or more of food daily. Here, they are severely restricted, leading to shorter lifespans and severe intestinal and lung infections.

The situation worsens as they lack sufficient space to rest or roam in natural surroundings, often standing for long periods on hard surfaces, which can lead to foot infections and other problems. Prolonged exposure to sunlight can even damage their eyesight. These conditions are enough to make these poor creatures sick, yet they are neglected by their caretakers. Transportation from one place to another, such as camps and events, poses additional risks, as elephants can fall from vehicles, leading to fractures and, in some cases, death. Nevertheless, they are still used for campaigning by political parties and serve as attractions for tourists, where they are overloaded with people—sometimes ten or more—riding on their backs for sightseeing. In tourist centers, elephants are bathed by visitors, and unfortunately, they can be mistreated by tourists as well.

Tragically, some elephants even end up begging on the streets.

BEYOND THE BOND

From movies to real stories, we have heard and seen that mahouts and elephants share an emotional and lovable bond, and this is very much true. I have seen a mahout crying for the death of an elephant he treated as his daughter. As time passes, they build a strong understanding between them, and trust and love between them grow. Mahouts can easily understand the moods of the elephants, and they have various responsibilities, including providing medical care when needed. However, behind the bond in the name of taming, the poor elephants face torture at the hands of the mahouts. Filmmaker Sangita Iyer has opened up about her special bond with a female elephant named Lakshmi. Born and brought up in a strict Kerala Brahmin family, Sangita connected her life with Lakshmi, recognizing the strength and potential of the elephant, who was kept in a small chain suffering greatly.

Sangita empathized with Lakshmi's pain, feeling that if Lakshmi had

the chance, she could smash the mahouts in seconds, yet she remained trapped in her suffering. We know that elephants are meant to live in the wild and not be domesticated, yet for the sake of money, they are tamed by breaking their will and enduring cruelty for long years. Elephants in the forest are raised in groups for security, taking care of younger and elder members. Imagine the trauma of separating them from their families, inflicting unbearable pain. While humans may believe they build a lovable relationship with elephants, the emotions these animals feel toward us are often rooted in fear and obedience, stemming from the physical and mental suffering inflicted upon them. Capturing and taming such large creatures is no easy task; it often involves methods like crush caging, where the elephant cannot move, and is starved and sleep-deprived.

Usually, elephants are caught in traps that break their spirit and subject them to severe abuse, including beatings without food. This painful treatment continues until the elephant obeys the mahout's commands. Another cruel behaviour is beating them continuously for more than 72 hours to break their spirit. It is even worse that the elephants are forced to "hold their heads high" during this agony, leading to mental distress and incidents of them "running amok. " Disciplining these animals amounts to instilling fear in their minds. Bullhooks are used by trainers to control them, stabbing sensitive areas like the eyes and ears, causing immense pain. Although this practice is banned, it persists during festivals like Thrissur Pooram. Some mahouts claim to have a father-son relationship with the elephants, asserting that when they make mistakes, they punish them.

During festivals, mahouts experience significant stress as they try to control the elephants amidst crowds that give them little space to move. Another tragic method involves the use of sticks—while a short stick may not harm the elephants, a longer stick, about 10 feet in height, is used to stab them, causing serious injuries. The sharp ends of the stick can even pierce their skin. The fear an elephant experiences from this stick is indescribable; if a mahout wants to leave an elephant alone for a short time without tying it, he may lean the stick against its body, causing the elephant to remain frozen in fear. In celebrations, the height of the elephants matters most, prompting the use of sticks to compel them to lift their heads high, while spectators enjoy the sight, oblivious to the elephants' agony.

Elephants cannot regulate their body temperature like other animals, possessing very few sweat glands, making it cruel to force them to stand for long hours in high temperatures and perform continuously at multiple temples in a single day without rest. Additionally, their sensitive feet, which allow them to detect vibrations in the earth, are subjected to city roads, forcing them to

walk long distances. Life during the musth period is even worse for elephants. Every year, bull elephants go through this musth phase, during which their testosterone levels rise up to 60 times higher, making them extremely violent. According to regulations, animals in this period are banned from performing in events; however, due to the greediness of some mahouts, they are still forced to perform, leading to violent behaviour that can result in harm to people around them. It is generally believed by the mahouts that elephants do forget their commands after their musth period begins so Consequently, seven or eight men typically beat them again to strike fear in them for more than 72 hours.

SUPERSTAR THECHIKOTTUKAVU RAMACHANDRAN

The superstar of Thrissur, known as Kerala's killer elephant, has a large fan following on social media. Thechikottukavu Ramachandran, India's tallest captive elephant, is around 60 years old and was born in Bihar in 1964. Originally named Moti Prasad, he was purchased by elephant contractor KN Venkatidri in 1982 and brought to Kerala. Venkatidri renamed him Ganeshan and appointed a mahout for him. Within a year, he was sold to the Peramangalam Thechikottukavu temple, where he was renamed Ramachandran and used for temple festivals. Despite his immense popularity, Ramachandran is considered one of the most dangerous captive elephants in southern India, having killed 13 people and 2 elephants. However, these incidents were primarily caused by people frightening him with firecrackers.

Ramachandran endures significant pain; as soon as he steps out of the temple, people yell and scream, while his handler pokes his sensitive trunk to make him salute. Initially, Ramachandran could understand Bhojpuri and Hindi commands, but his handler, who did not speak these languages, lost his cool and struck him with a stick, causing him to go blind in one eye. Now, due to old age, he is losing sight in the other eye as well. Although the courts banned him from participating in events, protests from fans and the elephant owners' association led to the revocation of the order. Being blind, Ramachandran is terrified of the loud noises during temple festivals and parades. Elephant expert VK Venkitachalam notes that he perceives anyone approaching as a threat and pushes people away out of fear, resulting in tragic accidents.

Despite being the most celebrated and profitable elephant in Kerala, Ramachandran deserves a peaceful retirement.

SUFFERINGS

ELEPHANT NAME

TEMPLE

ALLEGATIONS

Subbulakshmi Sri Shanmughanathar Temple in Kundrakudi Lack of proper fire safety protocols and inadequate shelter design, leading to a preventable fire that caused severe burns and contributed to her death. Jeymalyatha (Joymala) Arulmigu Nachiyar (Andal) Suffered severe beatings by handlers; shown in media footage highlighting abuse. Temple Lakshmi Manakula Vinayagar Temple Collapsed while on a walk after being chained for long hours, fed an improper diet, and suffering from debilitating foot rot and finally found dead. Deivanai Subramaniya Swamy Temple Kept chained for 22 hours a day, with both legs tied; exhibited psychological distress, leading to trampling her mahout to death.

conditions, she was managed with ankus. Despite all this, she was kept on a concrete floor and used for begging. Her death due to the fire was avoidable, but due to mismanagement, we lost her. • Jeymalyatha (Joymala) being kept illegally in that temple, she is being beaten ruthlessly and the mahouts even used pilers and ankuses to control her. She is made to live in concrete floors which cause her pain and she is forced to stand in her own urine and faeces. Cases have been filed against the mahouts by PETA and the Animal Welfare Board of India, but she continues to suffer. • Lakshmi, a 32-year-old elephant, died due to cardiac arrest after collapsing suddenly on the road. However, activists claim that she had been given injections and that she had not taken in food for the past two days before her death due to illness.

For a month, she was in custody with PETA for treatment issues and was not physically active, which ultimately led to her mysterious death. • Deivanai, a 14year old elephant was not allowed to go outside for a longer period of 60 days and Kept chained for 22 hours a day, with both legs tied; exhibited psychological distress, leading to trampling her mahout to death. • Rajeshwari was standing on stone floors for long hours to bless the devotees and to bring and pour water for them. On the way to her rejuvenation camp for captive elephants, she fell from an open truck and broke her leg, which caused a misshapen limb. Later, during treatment, she broke her femur and was suffering from tuberculosis. Given her condition, even the option of mercy killing was considered but ultimately not allowed, and she finally died naturally.

LAW RELATED TO ELEPHANT CAPTIVITY IN INDIA

Constitution of India • When we interpret Article 21, the Constitution of India gives liberty to individuals to take care of animals and provide basic needs for them. • According to Article 51A(g), it is the fundamental duty of every citizen to protect the natural environment, which includes forests and wildlife, and to have compassion for living creatures.

Captive Elephant (Transfer or Transport )Rules, 2024 • The Ministry of Environment, Forest, and Climate Change (MOEF&CC) deals with the conditions for transferring elephants within or between states. Transfers may occur when the owner is no longer capable of maintaining the elephant or for other reasons, such as better care. • Before the transfer, the elephant's health must be confirmed by a veterinarian. The approval or rejection of the transfer is at the discretion of the Chief Wildlife Warden based on the assessment. • If the transfer is outside the state, the elephant's genetic profile must be registered with the MOEFF and CC before the transfer. • The rules ensured that the elephants should be always accompanied by mahout who is responsible for providing proper food and water to the elephant.

Prevention of cruelty to Animal’s act, 1960 • Chapter III of this act in section 11 lists acts that are being cruel to animals and it also prescribed punishments for the same. Following are some of those acts, • Subjecting an animal to unnecessary pain by beating, overriding, or torturing. • Employing an animal that is unfit to work or labour. • Chaining an animal unreasonably for longer periods of time. The Tamil Nadu Captive Elephants (Management and Maintenance) Rules, 2011 • Health Condition: According to Section 3, temple elephants that are in good health condition may only be accepted, and prior permission from the Chief Wildlife Warden is required. • Mahout Experience: Section 4 states that mahouts must have a compulsory three years of experience and must undergo training.

• Hygiene and Shelter: Section 5 specifies that good hygiene, shade, flooring, and ventilation must be provided, along with proper drainage for the elephants. • Care and Restrictions: Section 6 mandates that elephants should be given regular baths and that their feet should be maintained using oil. It also states that elephants should

not be used for begging, and their musth period must be examined by a veterinary doctor, prohibiting them from working during this time. • Food and Water: Section 7 requires that elephants should be given a regular supply of food and drinking water. • Transportation Standards: Section 9 outlines the norms and standards for the transportation of elephants. ➢ Project elephant • Initiated by the Ministry of Environment and Forests of the Government of India in February 1992, Project Elephant is a central sponsored scheme. • It provides both financial and technical assistance to states where they are working to manage populations of wild Asian elephants in their natural habitats. • Welfare in Captivity: It deals with elephant welfare in captivity. • Prohibition of Mistreatment: It aims to prohibit mistreatment in captivity.

• Promotion of Policies: Its main goal is to promote elephant-friendly policies.

CONCLUSION

In conclusion, Elephants are not meant to live with humans; biologically, they are not suited for our environment. Each day spent with us can feel like hell for them. We should not force these magnificent creatures to endure captivity solely for financial gain or to uphold temple traditions. Whether knowingly or unknowingly, we subject them to cruelty and suffering. The Wildlife Protection Act of 2022 has exempted captive elephants from the prohibition on wildlife trade, with certain exceptions for temple elephants, as noted by a parliamentary committee that seeks to balance tradition with conservation. However, there is no historical precedent for using these innocent animals in such traditions. These practices are human-made and have ultimately led to the suffering of elephants. Mechanical elephants present a viable alternative.

The Irinjadappilly Sri Krishna Temple in Kerala's Thrissur district was the first to introduce them for performing the rituals. IT benefiting both elephants and humans. These mechanical substitutes are easier to maintain and prevent suffering, allowing elephants to live peacefully in the wild.

While it's true that tamed captive elephants may struggle to survive in the wild alongside their wild counterparts, this cannot justify keeping them in chains until their death. They deserve the opportunity to live in sanctuaries where they can roam freely in a semi-wild environment. Although we may adorn captive elephants with beautiful flowers and ornaments, the torment they endure at human hands cannot be hidden; their suffering is starkly revealed in their premature deaths. Media has given report that more than 70 captive elephants have died because of the unnatural conditions at a very young age. It is essential to shift towards humane practices that prioritize the dignity and peace of elephants. This can only be achieved through strict regulations, comprehensive guidelines, and increased awareness about the cruelty faced by these majestic beings.

"Together We Can End Elephant Captivity"

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