Kerala HC Issues 11 Interim Directions to Guruvayur Devaswom Over Captive Elephant Welfare at Punnathur Kotta

A Kerala High Court Division Bench has directed the Guruvayur Devaswom Managing Committee to overhaul tethering, feeding, bathing, veterinary, and monitoring conditions for captive elephants at Punnathur Kotta, with a compliance report due from the Chief Wildlife Warden before the next date on 2 September 2026.

A Division Bench of the Kerala High Court, comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar, has issued eleven binding interim directions to the Guruvayur Devaswom Managing Committee (“GDMC”) concerning the welfare of captive elephants housed at Punnathur Kotta. The order, dated 22 July 2026, arises from two connected writ petitions filed in 2023 — one by wildlife activist Sangita Iyer and another by the Society for Elephant Welfare. The bench found that multiple expert reports, spanning more than a decade, consistently flagged overcrowding, improper tethering, nutritional deficiency, poor drainage, and inadequate veterinary care at the facility, and that certain conditions required immediate correction without waiting for final adjudication of the larger questions in the petitions.

The Dispute Before the High Court

Punnathur Kotta is the elephant facility of the Guruvayur Devaswom, a statutory trust established under the Guruvayur Devaswom Act, 1978, to manage properties and resources dedicated to the deity at the Guruvayur Krishna Temple. The facility houses captive elephants used for temple rituals and festivals. Ownership of the facility and the elephants vests in the Devaswom; most elephants have been donated by devotees.

The petitioner in WP(C) No. 16514 of 2023 contended that the Guruvayur Devaswom, which reportedly owns properties exceeding 271 acres and holds fixed deposits of approximately “₹2,000 crore”, maintains its elephants in conditions that fall far below the standards prescribed by law. At the time of filing, approximately 42 elephants were housed in roughly 11 acres of land. By the time of the order, the number had dwindled to under 35, yet the space available remained the same.

The Central Zoo Authority guidelines require a minimum of 1.2 acres per elephant. On the facility's own figures — 11 acres for around 35 elephants — each elephant has approximately 35 cents of land, far below that threshold. The petitioners argued this shortfall makes it structurally impossible to comply with the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 (“M & M Rules, 2012”), which were enacted under Section 64(2) of the Wildlife (Protection) Act, 1972, superseding the 2003 Rules.

The Statutory and Regulatory Framework

The Indian elephant (Elephas maximus) is listed as a Schedule I protected animal under the Wildlife (Protection) Act, 1972, conferring the maximum level of legal protection available under that statute. The bench situated this classification within Article 48A of the Constitution, which embodies a commitment to environmental protection, and Article 21, which the Supreme Court has read to encompass the State's duty to prevent animal cruelty.

The Animal Welfare Board of India v. A. Nagaraja [(2014) 7 SCC 547] was cited for the proposition that the Prevention of Cruelty to Animals Act, 1960 is a welfare legislation to be construed in light of its purpose, and that the rights guaranteed to animals under Sections 3 and 11 of that Act must be read alongside Articles 51-A(g) and (h) of the Constitution.

Section 11 of the Prevention of Cruelty to Animals Act, 1960 prohibits a range of conduct, including keeping animals in enclosures that prevent reasonable movement, keeping animals tethered on unreasonably short or heavy chains, failing to provide sufficient food or shelter, and confining animals so as to subject them to unnecessary pain. The bench reproduced the full text of Section 11 in its order.

The M & M Rules, 2012 set out detailed obligations. Rule 3 requires clean, healthy housing with sufficient shade. Rule 4 mandates that every elephant be in the care of a mahout with at least three years' experience, that mahouts attend Forest Department training, that contagious diseases be reported to the Chief Wildlife Warden within 24 hours, that nylon ropes and spiked chains be prohibited, and that sedatives be administered only on written veterinary prescription. Rule 6 prescribes a specific, measurable diet — at least 200 kilograms of green fodder per day for adult elephants as a base, supplemented with grains, legumes, minerals, and vitamins as prescribed by a veterinary doctor. Rule 8 sets out owners' duties; Rule 9 governs transport.

The Ministry of Environment, Forest and Climate Change Guidelines for Care and Management of Captive Elephants (Exhibit P1, dated 8 January 2008) prescribe not less than 200 kilograms of green fodder per day supplemented with at least 25 species of plants, daily exercise of four to six hours, environmental enrichment, regulated tethering, and thatched-roof or adequately insulated shelters.

What the Expert Reports Found

The Animal Welfare Board of India sent a two-member team to Punnathur Kotta on 13 August 2014. The resulting report (Exhibit P3) found that the land available was grossly inadequate, that a majority of elephants bore scars and wound marks, and that some had developed lower-limb deformities attributable to prolonged and improper chaining. The committee recommended expansion or decentralisation of the facility, a minimum of two hours of daily walking exercise on a natural substrate, dietary review, retirement of elephants above 65 years to Forest Department rehabilitation centres, segregation of elephants in musth, installation of CCTV cameras, and registration with the Central Zoo Authority. The report recorded violations including tethering elephants 24 hours a day, use of unreasonably short chains, failure to provide adequate drinking water and shelter, and employment of unfit elephants — all of which, the Board stated, amounted to violations of Section 11 of the Prevention of Cruelty to Animals Act, 1960.

This Court appointed an Advocate Commissioner who inspected Punnathur Kotta on 4 June 2023, following an order dated 25 May 2023. A Special Team was then constituted by interim order dated 15 February 2024 to inspect the facility against the Wildlife (Protection) Act, 1972, the M & M Rules, 2012, the Prevention of Cruelty to Animals Act, 1960, and the 2008 Guidelines.

The Special Team produced two separate reports. Sri T. Ajay Kumar, an Evaluation and Monitoring Assistant in wildlife management, found approximately 39 elephants housed at the time of inspection. He observed that exhibiting captive elephants without obtaining requisite recognition is contrary to the Wildlife (Protection) Act, 1972, and that the facility does not satisfy the objectives of the National Zoo Policy, 1998. He recommended replacing iron chains with cotton ropes (except for musth elephants), covering chains with fire hoses or leather tubes, alternating the leg used for tethering, installing larger drinking water troughs with automatic refilling, and considering transfer of aged, infirm, and non-working elephants to Forest Department elephant camps.

A joint report by Dr. Dharmendra Kumar Gupta (Scientist-F, Project Elephant Division, Ministry of Environment, Forest and Climate Change), Dr. Sujit Kumar Dutta (Joint Commissioner, Department of Animal Husbandry and Dairying), and Sri Pramod G. Krishnan (Additional Principal Chief Conservator of Forests (Vigilance), Kerala) made twelve specific recommendations. These included immediately reducing the elephant population at the current location; providing space per elephant consistent with CZA guidelines; conducting blood biochemical tests including haemoglobin and protein estimation every three months at the Veterinary College or Regional Disease Diagnostic Laboratory; testing elephants for tuberculosis and herpes every six months; completely stopping use of the ankush; replacing iron chains with cotton rope for ordinary tethering; maintaining mahout availability round the clock; and admitting no new elephants to the facility at its present location.

The Chief Wildlife Warden and Principal Chief Conservator of Forests, the 5th respondent, agreed with the expert recommendations except insofar as rehabilitation of retired elephants was concerned. The Forest Department's position is that Rule 4 of the M & M Rules, 2012 casts the responsibility for the upkeep of a captive elephant, even after retirement, upon its owner. Transfer to a Forest Department rehabilitation centre would require the owner to remit the estimated annual maintenance cost in advance.

The Central Zoo Authority and the Union of India stated in their counter-affidavit that the facility functions akin to a zoo, since nine of the 39 elephants inspected were not being used for temple rituals but were under long-term care, and since the facility's entrance displays a notice board granting entry to pilgrims and visitors for educational, cultural, and scientific purposes.

The Guruvayur Devaswom, through its Standing Counsel Sri T.K. Vipindas, contested the zoo classification, arguing that almost all the elephants are utilised for temple rituals at one point or another. The Devaswom stated that it welcomes most expert recommendations, had already initiated steps for implementation, and had no objection to periodic inspections. It also submitted that it was taking steps to acquire additional land.

How the Bench Reasoned

The bench acknowledged the Devaswom's statement that earnest efforts were underway to implement expert recommendations and acquire land, but found that several deficiencies were immediate enough to warrant directions before final adjudication. The larger question — whether Punnathur Kotta requires recognition as a zoo under the Wildlife (Protection) Act, 1972 — was expressly deferred for detailed consideration after further inputs.

The bench noted that the Devaswom is one of the wealthiest temples in the country and that most of the elephants were donated to the deity by devotees. That provenance, the bench observed, was itself reason for the Devaswom to care for the elephants “with even more care than what is envisaged in the various governing statutes and Rules.” The bench also noted that the Guruvayur Devaswom cannot claim any exemption from the M & M Rules, 2012, which apply to all persons keeping captive elephants in Kerala.

The bench's primary concern at the interim stage was to ensure that the welfare directions made by successive expert committees — over more than a decade — were no longer deferred. It framed eleven specific directions accordingly.

The Eleven Interim Directions

Housing and tethering areas (Direction a): The GDMC shall ensure tethering areas have level earthen (kacha) flooring, take measures to prevent continuous dampness by periodically changing tethering locations, carry out frequent cleaning, and maintain suitable ground conditions. Elephant refuse must be removed promptly.

Feeding (Direction b): The GDMC shall strictly comply with Rule 6 of the M & M Rules, 2012 and adopt Circular No. 01 of 2019 issued by the 5th respondent, which prescribes a Model Feeding Schedule for Captive Elephants in Kerala. The schedule, reproduced in the order, specifies daily quantities of rice, wheat, ragi, horse gram, green or Bengal gram, common salt, turmeric powder, jaggery, mineral mixture, and green fodder, graduated by elephant age and height, with adult elephants (height above 2.25 metres) receiving a minimum of 250 kilograms of green fodder per day in addition to grain supplements.

Drinking water (Direction c): The RO water purification system at Punnathur Kotta must be kept in proper working condition, and all elephants must have an uninterrupted supply of safe drinking water.

Bathing and water bodies (Direction d): The GDMC shall immediately de-weed and desilt the water bodies within Punnathur Kotta. The existing practice of bathing elephants adjacent to their tethering places using water hoses is discontinued, as it causes persistent dampness. Every elephant must be provided an opportunity to bathe in running water at least once a week.

Waste management (Direction e): Elephant dung and waste must be removed at frequent intervals by the contractor engaged for waste management so as to maintain hygienic conditions throughout the camp.

Exercise and enrichment (Direction f): The GDMC shall strive to ensure every elephant walks four to five kilometres daily, at least on a rotational basis, and shall introduce environmental enrichment measures including mud baths, recreational areas, and opportunities for bathing in running water.

Tethering materials (Direction g): Iron chains shall be immediately replaced with Vakká (Sterculia Villosa) or cotton ropes, except for elephants in musth. Wherever chains or ropes are used, they must be covered with fire hoses, leather tubes, or other cushioning material. Alternate legs must be used for tethering, and prolonged continuous tethering is discontinued. The GDMC shall also examine alternative housing methods during resting periods, including enclosures, trenches, steel cable fencing, solar fencing, or rail fencing.

Veterinary infrastructure (Direction h): Veterinary facilities must be upgraded without delay, providing portable X-ray facilities, microscopes, endoscopy accessories, and basic surgical equipment if not already in place. Additional veterinary doctors shall be considered if required.

CCTV surveillance (Direction i): CCTV cameras covering all significant areas within Punnathur Kotta, including all tethering locations, shall be installed forthwith, with a minimum storage capacity of 40 days.

Statutory registers and inspections (Direction j): The GDMC shall strictly comply with Circular No. 01 of 2019 in its entirety, including maintaining the elephant data book, feeding register, movement register, work register, treatment register, vaccination register, and all other mandatory records, and ensuring that the prescribed quarterly inspections and reports to the Chief Wildlife Warden are conducted through the Conservator of Forests.

Monthly inspections (Direction k): The Chief Veterinary Officer who is Head of the Elephant Squad at the District Veterinary Centre, Paravattani, Thrissur, and the District Animal Husbandry Officer, Civil Station, Thrissur, deputed by the GDMC for monthly inspections, shall forward their monthly reports to the Chief Wildlife Warden for consideration alongside the quarterly reports.

Outcome

The matters are listed on 2 September 2026. Before that date, the Chief Wildlife Warden is directed to personally inspect Punnathur Kotta and file a report detailing measures taken by the GDMC to implement the directions in this order, the expert committee recommendations that have been acted upon, improvements effected in housing, feeding, veterinary care, sanitation, and tethering, and the overall extent of compliance.

Separately, the GDMC is directed to take earnest and time-bound steps to acquire additional land so as to house the elephants in a manner consistent with the M & M Rules, 2012 and accepted welfare standards. On the next posting date, the GDMC must place before the Court the concrete steps taken towards land acquisition and the proposed timeline for completing that process.

The larger question of whether Punnathur Kotta must be registered as a zoo under the Wildlife (Protection) Act, 1972, along with the rival contentions of the official respondents on that issue, remains to be considered after further inputs.