**Title:** Bombay High Court Upholds Transfer of Captive Elephant to Welfare Facility
**Meta Description:** The Bombay High Court has dismissed a petition challenging the transfer of Mahadevi, a captive elephant, to a welfare facility in Gujarat for rehabilitation.
**URL Slug:** bombay-high-court-elephant-transfer
**Headline:** Bombay High Court Dismisses Petition Against Elephant’s Transfer to Welfare Facility
The Bombay High Court has ruled against a petition from a Jain religious trust that sought to prevent the transfer of its captive elephant, Mahadevi, also known as Madhuri, to a specialized welfare facility in Gujarat. The decision was made by a division bench consisting of Justices Revati Mohite Dere and Dr. Neela Gokhale, who upheld the recommendation of the High Power Committee (HPC) for 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 Mahadevi had been an integral part of their religious practices since 1992. They claimed that the transfer violated their rights under Article 25 of the Constitution, which guarantees religious freedom. Senior counsel Surel Shah, representing the Math, described the transfer orders issued on December 27, 2024, and reaffirmed on June 3, 2025, as arbitrary. He asserted that Mahadevi had recovered from previous injuries and that the institution had made efforts to enhance her care. The petitioner also alleged that the complaint from PETA (People for the Ethical Treatment of Animals), which initiated the proceedings, was motivated by ulterior motives to add Mahadevi to Vantara’s collection.
In contrast, advocate Vishal Kanade, representing PETA, provided photographic and veterinary evidence indicating Mahadevi’s declining health, including issues such as foot rot, abscesses, and signs of psychological distress attributed to solitary confinement and inadequate living conditions. PETA contended that the elephant had been subjected to commercial exploitation and deprived of essential welfare.
Upon reviewing the HPC’s thorough evaluation, the court noted that Mahadevi’s living conditions at the Math were “absolutely dismal,” lacking in hygiene, nutrition, veterinary care, and social interaction. The bench remarked that the evaluation clearly indicated that the elephant sustained injuries while under the “care” of the Math, which failed to provide any justification for her condition.
The court condemned the treatment of Mahadevi as “callous and brutal,” particularly criticizing her use in carrying people and equipment during religious processions. While acknowledging some improvements made by the Math following complaints, the bench dismissed these efforts as “cosmetic” and “too little, too late.” The court emphasized that animal welfare must take precedence over religious customs, supporting the HPC’s conclusion that Vantara was the most suitable facility for Mahadevi’s rehabilitation. The bench also highlighted that Maharashtra currently lacks a dedicated elephant sanctuary, making Vantara, located in Jamnagar, the closest and most experienced option, thereby minimizing transportation stress.
In conclusion, the court affirmed the HPC’s decision, directing that Mahadevi be relocated to Vantara for continued care and protection.
**FAQ Section:**
**Q: Why was Mahadevi the elephant transferred to a welfare facility?**
A: Mahadevi was transferred due to concerns about her deteriorating health and living conditions at the Jain religious trust, prompting the High Power Committee to recommend her relocation for better care and rehabilitation.
