In a significant judgment, the Bombay High Court has allowed the transfer of an elephant named Mahadevi from a Jain Math in Kolhapur to Vantara, a wildlife rescue and rehabilitation center supported by Reliance Industries, located in Jamnagar, Gujarat.
A division bench of Justices Revati Mohite Dere and Neela Gokhale dismissed the petition filed by the Jain Math seeking to retain the elephant, stating that “Vantara is a godsent facility for the long-suffering elephant.” The court directed that Mahadevi must be shifted to Vantara within two weeks.
What’s the case about?
The Kolhapur-based Jain Math Pattacharya Mahaswami Sanstha claimed that the elephant had been with them since 1992 and played a key role in their religious ceremonies. They argued that removing Mahadevi would violate their fundamental right to religion under Article 25 of the Indian Constitution.
However, the High-Power Committee (HPC) had earlier passed two orders — in December 2024 and June 2025 — recommending Mahadevi’s relocation to Vantara after inspections and reports raised serious concerns about her health and treatment. The committee’s decision was supported by PETA India, which had filed complaints about the elephant’s alleged mistreatment.
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Court’s Stand: Elephant’s Welfare Comes First
The Court strongly upheld the elephant’s right to live a dignified life, stating:
“We have chosen the survival and well-being of the elephant over the petitioner’s right to use the elephant in religious functions.”
The judges clarified that though the Math may not have intended harm, the animal’s suffering could not be ignored. They noted that veterinary experts and multiple inspections confirmed poor living conditions and injuries on Mahadevi’s back — likely caused by carrying heavy loads such as howdahs, loudspeakers, and people during religious processions.
The court described such practices as “brutal and callous”, adding:
“The elephant does not deserve to be used to ferry weighty humans and equipment.”
Why Vantara?
The Court endorsed Vantara as a scientifically-managed rescue center with facilities that allow elephants to live freely, interact with other elephants, bathe, feed naturally, and receive expert medical care.
“We have no hesitation in confirming the HPC’s recommendation,” the Court said.
Final Orders
- The Chief Wildlife Warden of Maharashtra has been directed to issue a transport permit for Mahadevi.
- The Chief Wildlife Warden of Gujarat must issue a No Objection Certificate (NOC) if needed for her transfer.
Legal Representation
- For Jain Math: Senior Advocate Surel Shah with Manoj Patil and Kalyani Mangave
- For HPC: Advocates Jatin Kochar and Ninan Thikekar
- For Vantara Trust: Advocate Shardul Singh with Smeet Savla
- For PETA India: Advocates Vishal Kanade, Prateek Pai, Sita Kapadia, Arunima Athavale
This landmark ruling highlights the judiciary’s growing recognition of animal rights and prioritizes compassionate care over tradition, setting a vital precedent for future animal welfare cases in India.