Summary of Arguments

Summary of Arguments I.

ELEPHANT PARADES DURING FESTIVALS ARE SHEER  DISPLAY OF WEALTH AND NOT ESSENTIAL RELIGIOUS ACTIVITY.

Elephant parades have a latent non-religious purpose and objective of displaying wealth behind them. Though considered the fact that no fees is charged from spectators, but still the hefty amount which is paid to bring elephants to the temple is very much substantial to prove the commercial nature of the use of elephants and moreover all this is an form of entertainment in the name of religion. So considering the fact that elephant usage usa ge is for entertainment and does not no t form an integral part of the religion this activity is not protected by Article 25 and 26 of the constitution of India, 1950. Even if considered as a part of religion it can be done away with as it is not such an important activity that if not adhered to the form of religion will change, substitutions are available to fulfil the aim for which elephants are used. II.

USING

ELEPHANTS

FOR

RELIGIOUS

ACTIVITIES

VIOLATES

CONSTITUTIONAL PROVISIONS.

Using of elephants for religious purposes is a violation of Fundamental Right of Right to life as given under Article 21 to animals and as propounded by the apex court in the A. Nagaraja case. Using elephants and inflicting cruelty and using harsh method to treat them is also a violation of Prevention of Cruelty to Animals Act, 1960 with Article 21. Such act of using elephants also violated the right to life of mahouts controlling elephants as they are also subjected to the risk of  being killed or harmed grievously at any point of time. Using of elephants is also a violation of D.P.S.P i.e. Article 48 of constitution embodying the state with the responsibility of making such laws as to prevent cruelty on wildlife. Moreover there is also violation of Article 51-A (g) and (h) of constitution which says that it is duty of all human  beings to preserve wildlife and refrain themselves for doing such acts which endangers the existence of animals and wildlife. III.

KEEPING OF ELEPHANTS BY TEMPLES FOR RELIGIOUS ACTIVITIES IS INFRINGING STATUTARY PROVISIONS.

The first and foremost infringement is of Performing Animals Registration Rules, 2001 according to which any performing animals should be registered. But the elephants used by temples are not registered by giving the excuse that they are not performing animals, but are used for religious  purposes. But so is not the case. The elephants used are only for the sake of entertainment and in the name of religion non registration is defended. Moreover the elephants are covered under the definition of being exhibited as given in Sec. 21 of P.C.A Act. Many of the temples even do not have valid ownership certificate which is mandatory to keep an elephant. Moreover the conditions in which elephants are kept is very bad, they are not given  proper food, shelter and even medicines in cases when they are sick. They are made to work for hours without break and also are not taken care of. All this is violation of CZA rules and various others rules and acts legislated to prevent atrocities on non-speaking and innocent animals.