The Bombay High Court dismissed a writ petition filed by a Jain religious trust in Kolhapur, challenging the directive of the High Power Committee (HPC) to transfer its female elephant “Mahadevi” to a specialized elephant care facility in Gujarat.
A Division Bench comprising Justices Revati Mohite Dere and Dr. Neela Gokhale upheld the HPC’s orders dated December 27, 2024, and June 3, 2025, citing overwhelming veterinary and documentary evidence that the elephant had suffered prolonged physical neglect and psychological distress. The Court emphasized that the fundamental right to practice religion under Article 25 does not extend to causing harm or subjecting animals to inhumane treatment.
The petitioner Trust argued that the elephant, which it had owned since 1992, was a symbol of religious significance and integral to rituals, and that it was adequately cared for. It claimed that reports of mistreatment, including use in religious processions and injuries from howdahs and restraints, were exaggerated or fabricated.
However, the Court found these claims unpersuasive. Multiple inspections revealed that Mahadevi was kept in unsuitable conditions, suffered from foot rot, overgrown nails, arthritic symptoms, solitary confinement, and psychological trauma. Medical reports and photographic evidence submitted by PETA and independent veterinary experts corroborated the elephant’s deteriorating condition.
Rejecting the Trust’s reliance on ownership rights under the Wildlife (Protection) Act and the exception for religious use, the Court ruled that welfare and rehabilitation of the animal must take precedence. It praised the facilities and expert care available at Radhe Krishna Temple Elephant Welfare Trust (RKTEWT), which currently houses over 230 elephants and offers opportunities for socialization and recovery in a natural habitat.
Referring to Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547, the Court underscored that traditions and religious sentiments must yield to the constitutional and ethical imperative to prevent animal cruelty. Quoting The Elephant Whisperer, it observed that true human dignity lies in respecting the rightful place of all living beings.
The elephant is to be transferred to the Gujarat sanctuary within two weeks. The Court directed the Chief Wildlife Wardens of Maharashtra and Gujarat to facilitate transport permissions and requested police assistance, if necessary.
The petition and all pending interim applications were dismissed.
Appearances:
Mr. Surel Shah, senior counsel with Mr. Manoj Patil & Ms. Kalyani Mangave, for the Petitioner.
Mr. Jatin Kochar with Mr. Ninan Thikekar, i/b. Mr. Karan Singh Shekhawat, for the Respondent No.2.
Mr. A. I. Patel, Additional Government Pleader with Smt. S. S. Bhende, AGP, for the Respondent-State.
Mr. Shardul Singh with Mr. Smeet Savla, for the Respondent No.6.
Mr. Vishal Kanade with Mr. Prateek Pai, Ms. Sita Kapadia, Ms. Arunima Athavale, i/b. Keystone Partners, counsel & Solicitors for the Respondent No.7.
