Bombay High Court allows transfer of elephant from Kolhapur Jain Math to Reliance backed Vantara

The Bombay High Court on Wednesday confirmed the order of the High Power Committee (HPC) directing the transfer of an elephant named Mahadevi to Vantara Radhe Krishna Temple Elephant Welfare Trust (RKTEWT), a Reliance Industries-backed animal rescue centre in Gujarat's Jamnagar [Swasthishri Jinsen Bhattarak v UOI and Ors]. .A Bench of Justices Revati Mohite Dere and Neela Gokhale dismissed the writ petition filed by a Jain math in Kolhapur seeking to retain custody of the elephant.The Court termed the Jamnagar rescue centre a “godsent facility for the long suffering elephant" and directed that Mahadevi must be transferred to Vantara within two weeks.The Bench also emphasized its role as parens patriae (guardian of those unable to care for themselves).“We deem it appropriate to record that 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. We have no doubt that the Petitioner-Math may have had no deliberate intent to cause injury to 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,” the Court stated..The dispute arose from a petition filed by Pattacharya Mahaswami Sanstha, a Math in Kolhapur. The Math had challenged two HPC orders dated December 27, 2024 and June 3, 2025 directing that the elephant Mahadevi, owned by the Math since 1992, be shifted to Vantara for long-term care and rehabilitation. The Math claimed Mahadevi was central to its religious activities and that her removal would infringe its fundamental rights under Article 25 (freedom of religion) of the Constitution. .However, the HPC's decision followed multiple inspections, veterinary assessments and complaints by People for the Ethical Treatment of Animals (PETA) India, which had first raised concerns about Mahadevi’s alleged neglect and mistreatment in the Math’s custody.The Math argued that the HPC failed to fairly adjudicate its representations and contended that PETA's complaint was “mala fide” and aimed at securing the elephant for Vantara..It also cited medical certificates and claimed the elephant had recovered from injuries under its care. It further highlighted the elephant’s role in religious functions and asserted its constitutional right to retain Mahadevi for spiritual purposes.However, the Court found no merit in these submissions.It noted that the HPC had undertaken a meticulous, in-depth and careful examination of the matter, including expert veterinary reports and multiple inspections.Upon review of the petitioner’s subsequent efforts, including minor upgrades to facilities, the Court remained unconvinced, terming these efforts as “cosmetic” and “too little and too late”..On the medical evidence, the Court said that no explanation was provided as to what caused the injuries on the elephant’s back.“The only fathomable culprit can be the howdrah that may have been placed on the elephant’s back to carry loudspeakers and human beings during processions. This continued treatment of the elephant is callous and brutal. The elephant does not deserve to be used to ferry weighty humans and equipments,” the Court said.Regarding the facilities at Vantara, the Court endorsed the HPC’s recommendation that the Jamnagar rescue centre offers daily access to natural areas for feeding, bathing, socialization and herd integration and is staffed with veterinary experts. "Thus, we have no hesitation in confirming the order passed by the HPC,” the Court concluded.It directed the Chief Wildlife Warden of Maharashtra to issue a transport permit and the Chief Wildlife Warden of Gujarat to issue a no-objection certificate (NOC) if required to transport the elephant. .Senior Advocate Surel Shah with advocates Manoj Patil and Kalyani Mangave appeared for the Jain Math.Advocates Jatin Kochar and Ninan Thikekar instructed by Karan Singh Shekhawat appeared for High Power Committee.Additional Government Pleader AI Patel with Additional Government Pleader SS Bhende appeared for the State.Advocate Shardul Singh with advocate Smeet Savla appeared for Vantara Radhe Krishna Temple Elephant Welfare Trust.Advocates Vishal Kanade, Prateek Pai, Sita Kapadia and Arunima Athavale instructed by Keystone Partners appeared for PETA. .[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.