The right to use elephants for religious rituals is protected under Article 26, subject to compliance with health and welfare standards.

ORDER :

1. The petitioner before this Court is a Hindu Religious Mutt. It traces its spiritual lineage to Adi Shankara and has been in centuries. In fulfilment of its religious mission, which has been directed to carry-out by its preceptor, the petitioner is administering Temples, Veda Patasalas, Sanskrit Centres, and other Hindu Religious Institutions.

2. In furtherance of its religious activities, the Mutt decided to acquire elephants, which are essential for the performance of its religious duties. Consequently, the petitioner acquired three elephants, namely, Sandhya, Indu and Jayanthi. The petitioner applied for and obtained ownership certificates under the relevant Rules framed under Wildlife (Protection) Act, 1972 from the Chief Wildlife Warden. On and from the date of acquisition, the animals had been used by the writ petitioner for rituals, festivals, ‘vishwaroopa’ darshan, and other connected activities. The petitioner claims that elephants hold a spiritual and rituals significance in Hinduism and they symbolise the divine attributes of Lord Vinayaka.

3. The petitioner states that it had appointed a Mahout to take care of the animals. However, the said Mahout died in 2015. Hence, the Mutt applied for and obtained permission to transport the animals to a wildlife rescue and rehabilitation centre.

4. Coming to know of this transfer, the intervenor moved this Court by way of a writ petition in W.P.No.6030 of 2019. He sought for a direction to the 1^st respondent to close the illegal elephants shelter operating at Kurumparai Village, Marakkanam Taluk, Villupuram District by the Non-Governmental Organisations (NGOs). This proceeding was taken on file by this Court and notice was issued to all the parties.

5. After hearing all the parties before it, this Court passed an order on 19.09.2019 to the following effect:

“55. In the light of the above facts and circumstances, the positive recommendation as to the translocation of the three female captive elephants from the temporary custody of the 5th respondent to the Elephant Care Facility at MR Palayam Elephant Rescue and Rehabilitation Centre at Trichy, cannot be faulted with.

56. In the result, the writ petition is disposed of and the State Level Committee, in the light of the recommendation made by the District Level Captive Elephants Welfare Committee, Villupuram, shall take appropriate action as to the translocation / transfer of the three female captive elephants from the elephant care facility of the 5th respondent to the Elephant Care Facility at MR Palayam Elephant Rescue and Rehabilitation Centre at Trichy, within a period of four weeks from the date of receipt of a copy of this order and on such transfer/translocation, the said Entity / Elephant Care Facility at MR Palayam Elephant Rescue and Rehabilitation Centre at Trichy, shall comply with the Tamil Nadu Captive Elephants [Management and Maintenance] Rules, 2011. It is once again made clear that the three elephants shall be kept together in the said facility. The first respondent shall also file periodical Status Reports before this Court. In the circumstances of the case, there shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed.

6. This order was challenged by the respondents 5 and 6 to the said writ petition before the Supreme Court of India. This petition in S.L.P.(C).No.25677 of 2019 came to be dismissed as withdrawn on 03.11.2022.

7. Subsequently, on 08.04.2022, the writ petitioner approached the Head of the Forest Force seeking his permission to translocate the three elephants from the M.R