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The Court added that using elephants for pujas is cruel.
The statements were made on Thursday by a divisional bench headed by Chief Justice AS Oka while hearing a petition.
The counsel for the petitioner argued that Kalika Durgaparameshwari temple was a private temple. An elephant was brought and nurtured to perform the rituals of the temple. Now that the temple has been taken over by the Muzarai Department, the elephant belongs to the government.
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Expressing displeasure over the demand, the bench said that elephants should be in the forest, and not in temples.
The counsel for the petitioner maintained that the elephant is being used only to perform the pujas.
He also said that the puja practices were in place for centuries to which the bench replied that laws preventing cruelty to animals were not in force in the past, adding that it was unacceptable now even as a religious practice.
Government counsel said the said elephant has health problems and it needed to be sent to the rehabilitation centre of the Forest Department in Malur for necessary treatment.
Considering the statement, the bench gave the government two weeks to object to the petition and adjourned the hearing to September 13.
It also instructed the government to provide proper treatment to the elephant and submit the medical report.