Punished on Religious Grounds: A Critical Analysis on the Legal Protection Granted for Temple Elephants in Sri Lanka

The debate of using temple elephants in Sri Lanka is a controversial topic because it involves religion and cultural practices against animal cruelty and long-term abuse of elephants. On the one hand, the monks and a section of the Buddhist population argue that such traditions have been a part of the identity of Sri Lanka, and therefore, should be protected and continued. On the other hand, animal welfare organisations and animal rights activists argue that temple elephants that are used in religious parades are subject to immense pain and loneliness. They further argue that such suffering for animals is not promoted in a compassionate religion such as Buddhism, and these are mere practices, which were invented by humans. This chapter intends to shed some light on the actual cruelties that are encountered by these captive animals who are used as temple elephants, and discusses the existing Sri Lankan legislative frameworks, which are enacted or proposed to protect these majestic creatures. The chapter also reevaluates whether religion, in fact, promotes such animal cruelty, and how the laws, regulations and methods can be developed to protect the animals against centuries-old cultural practices, which are clearly against the international standards and laws.