Bombay HC Declines Jain Trust’s Plea, Upholds Elephant Mahadevi’s Transfer To Vantara

Elephant Mahadevi

The Bombay High Court has dismissed a petition filed by a Jain religious trust seeking to prevent the relocation of their captive elephant, Mahadevi (also known as Madhuri), to a specialized elephant care facility in Gujarat.

A division bench consisting of Justices Revati Mohite Dere and Dr. Neela Gokhale upheld the decision made by the High Power Committee (HPC) that ordered the elephant’s move to the Radhe Krishna Temple Elephant Welfare Trust (Vantara) in Jamnagar for comprehensive rehabilitation and long-term care.

Petitioners Cite Religious Significance, Court Focuses On Welfare Concerns

The petitioner, Swasthishri Jinsen Bhattarak of the Pattacharya Mahaswami Sanstha Math in Kolhapur, argued that Mahadevi had been an integral part of their religious rituals since 1992. They claimed that relocating the elephant infringed upon their rights under Article 25 of the Constitution, which guarantees freedom of religion.

Senior advocate Surel Shah, representing the Math, challenged the transfer orders issued in December 2024 and reaffirmed in June 2025, labeling them as arbitrary. He insisted that the elephant had recovered from earlier injuries and that the Math had taken steps to improve her conditions. The petition also alleged that the complaint lodged by PETA was motivated by an attempt to add Mahadevi to the welfare trust’s collection rather than genuine concern.

Court Reviews Evidence of Elephant’s Poor Health and Living Conditions

On the other hand, advocate Vishal Kanade, appearing for PETA, presented medical and photographic evidence pointing to serious health issues faced by Mahadevi, including foot rot, abscesses, and signs of psychological distress resulting from isolation and inadequate care. PETA accused the Math of commercial exploitation of the elephant and neglecting basic welfare standards.

After reviewing the HPC’s thorough assessment, the court found that Mahadevi’s living environment at the Math was “extremely poor,” marked by insufficient hygiene, nutrition, medical care, and social interaction. The bench stated that the elephant’s injuries clearly occurred under the Math’s custody and that no satisfactory explanation was provided for these conditions.

Court Condemns Use Of Elephant In Religious Processions

The court harshly criticized the Math for subjecting Mahadevi to strenuous activities, such as carrying people and equipment during religious events, calling this treatment “cruel and neglectful.” Although the Math had made some improvements after complaints surfaced, the court described these efforts as superficial and insufficient.

Emphasizing that animal welfare must take precedence over religious customs, the court supported the HPC’s finding that the Vantara Trust was the most appropriate facility for Mahadevi’s rehabilitation. It also noted Maharashtra’s lack of a dedicated sanctuary for elephants, and that Vantara, being geographically closer and better equipped, would reduce transportation stress for the elephant.

Final Ruling

The court upheld the HPC’s decision and ordered that Mahadevi be transferred to the Radhe Krishna Temple Elephant Welfare Trust in Jamnagar to ensure she receives proper care and protection moving forward.