Mumbai: In a significant ruling that placed animal welfare above religious custom, the Bombay High Court on Wednesday rejected a plea filed by the Jain math Swasthishri Jinsen Bhattarak, Pattacharya Mahaswami Sanstha in Kolhapur. The petition challenged the decision to transfer a captive elephant named Mahadevi to a rehabilitation centre in Jamnagar, Gujarat.

A Division Bench comprising Justice Revati Mohite Dere and Justice Dr. Neela Gokhale upheld the earlier directions of the High Power Committee (HPC) under the Union Ministry of Environment, Forest and Climate Change, which had ordered Mahadevi’s relocation to the Radhe Krishna Temple Elephant Welfare Trust (RKTEWT) located within Anant Ambani’s Vantara.

“We have considered and chosen the survival of the elephant and its right to quality life, over and above the rights of men to use the elephant for religious rites,” the Court stated, invoking the parens patriae principle to protect the “voiceless and hapless Mahadevi.”

The judges further observed that they had no doubt the petitioner had no deliberate intent to harm the elephant. However, “In the given circumstances of conflict between the rights of an elephant and the rights of petitioner-Math to use the elephant in the discharge of its religious activities, priority must be given to the elephant’s welfare,” said the Bench.

Quoting conservationist Lawrence Anthony from The Elephant Whisperer, the Court added:

“But perhaps the most important lesson I learned is that there are no walls between humans and the elephants except those that we put up ourselves, and that until we allow not only elephants, but all living creatures their place in the sun, we can never be whole ourselves.”

“The petition is thus, dismissed,” the Bench concluded.

Mahadevi, who had been in the care of the petitioner math since 1992, was reportedly kept alone and made to participate in religious processions despite suffering from serious medical conditions. Investigations by the HPC and other experts documented severe foot rot, ulcerated wounds, overgrown toenails, and signs of psychological distress.

The petitioner submitted certificates claiming improvements in Mahadevi’s health, but the Court described them as “cursory one-pagers” that contradicted photographic and veterinary evidence. The Bench also questioned why Mahadevi suffered injuries on her back.

In its affidavit, RKTEWT said it currently cares for 238 elephants, providing veterinary care, natural surroundings, opportunities for socialisation, and specialised rehabilitation support.

The Court also considered alternative sites within Maharashtra but concluded that the state lacks a dedicated elephant sanctuary suitable for Mahadevi’s rehabilitation. DeshGujarat