Court rejects Jain trust's plea, upholds elephant Mahadevi's relocation to Vantara

The Bombay High Court on Wednesday dismissed a petition filed by a Jain religious trust challenging the transfer of its captive elephant, Mahadevi alias Madhuri, to a specialised welfare facility in Gujarat.

A division bench comprising Justices Revati Mohite Dere and Dr Neela Gokhale upheld the decision of the High Power Committee (HPC), which had directed the elephant’s relocation to the Radhe Krishna Temple Elephant Welfare Trust (Vantara) in Jamnagar for long-term care and rehabilitation.

The petitioner, Swasthishri Jinsen Bhattarak of the Pattacharya Mahaswami Sanstha Math in Kolhapur, argued that the elephant had been part of its religious tradition since 1992 and that her transfer infringed upon its rights under Article 25 of the Constitution, which protects religious freedom.

Senior counsel Surel Shah, appearing for the Math, contended that the transfer orders—issued on December 27, 2024, and reaffirmed on June 3, 2025—were arbitrary. He maintained that the elephant had recovered from earlier injuries and that the institution had taken measures to improve her care. The petitioner also alleged that the complaint filed by PETA (People for the Ethical Treatment of Animals), which initiated the proceedings, was driven by ulterior motives to add Mahadevi to Vantara’s collection.

However, advocate Vishal Kanade, representing PETA, presented photographic and veterinary evidence that highlighted Mahadevi’s deteriorating health, including foot rot, abscesses, and signs of psychological distress due to solitary confinement and poor conditions. PETA alleged that the elephant had been subjected to commercial exploitation and denied basic welfare.

The court, after reviewing the HPC's comprehensive evaluation, observed that Mahadevi's living conditions at the Math were “absolutely dismal,” with inadequate hygiene, nutrition, veterinary care, and social environment. “The evaluation clearly establishes that the elephant suffered injuries while under the ‘care’ and custody of the Math,” the bench remarked, noting that the Math failed to provide any explanation for her injuries.

Calling the treatment of the elephant “callous and brutal,” the court strongly criticized the use of Mahadevi to carry people and equipment during religious processions. While acknowledging that the Math had made some improvements following complaints, the bench dismissed these as “cosmetic” and “too little, too late.”

The court emphasised that animal welfare must take precedence over religious customs, endorsing the HPC’s finding that Vantara was best suited for the elephant’s rehabilitation. The bench also noted that Maharashtra currently lacks a dedicated elephant sanctuary and that Vantara—located in Jamnagar—is both experienced and geographically closest, minimizing transportation stress.

The bench concluded by affirming the HPC's decision and directed that Mahadevi be relocated to Vantara for continued care and protection.

- Ends