Latest news with #Mahadevi
Time of India
a day ago
- General
- Time of India
HC orders transfer of ‘distressed' Kolhapur tusker to Gujarat trust; math plans to move SC
Mumbai/Kolhapur: Giving priority to animal welfare over the right to use them in religious rites, Bombay high court has directed a Jain math in Kolhapur to transfer their elephant, Mahadevi, to a temple trust in Jamnagar, Gujarat, within two weeks. Officials from the Jain math at Nandani stated that Mahadevi was under their care since 1992. Devotees worship the elephant, and the math would appeal to the Supreme Court to allow them to keep Mahadevi, citing emotional and spiritual connections, the officials said. "…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…This court has duty under the doctrine parens patriae to secure the rights of the voiceless and hapless Mahadevi," said the court, dismissing a petition by the Jain math who owned Mahadevi since 1992. The math had challenged a high-power committee's orders directing Mahadevi's transfer to Radhe Krishna Temple Elephant Welfare Trust in Jamnagar. The committee's order was based on a complaint by People for the Ethical Treatment of Animals that Mahadevi "is exhibiting signs of physical and psychological distress". The committee's report said Mahadevi suffered from decubital ulcerated wounds on her hip joints and right elbow joint and injuries to toenails and back. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like An engineer reveals: One simple trick to get internet without a subscription Techno Mag Learn More Undo The judges said the petitioner's argument that the elephant's condition is now improving is "quite counter-productive" and "too little too late" as it establishes that she suffered injuries while under the "care and custody" of the math. The HC, through the order, also requested the chief wildlife warden of Maharashtra to issue a transport permit, and the chief wildlife warden of Gujarat to issue a no-objection certificate, if necessary, to effect the said transfer. Peta India director of advocacy projects Khushboo Gupta said, "No living being deserves isolation, chaining and being controlled with weapons. Peta India is grateful to Bombay HC for granting Mahadevi an opportunity to live the rest of her life safe and in the company of other elephants, and urges the organisers of religious ceremonies to opt for life-size robotic elephants instead."
Hans India
3 days ago
- Health
- Hans India
Bombay HC Approves Transfer of Elephant Mahadevi to Gujarat Sanctuary Backed by Anant Ambani's Radhe Krishna Trust
The Bombay High Court has approved the relocation of Mahadevi, an ailing elephant currently in Kolhapur, to the Radhe Krishna Elephant Welfare Trust, a specialised elephant care centre in Jamnagar. The move comes in response to concerns raised over her health and overall well-being. The trust, supported by Anant Ambani's Vantara initiative, is known for its dedicated care, veterinary expertise, and expansive natural enclosures. Designed to offer long-term rehabilitation, the facility has been at the forefront of animal welfare in India. Reports presented to the court indicated that Mahadevi was suffering from severe injuries and needed a better environment to heal and thrive. After reviewing her condition and the available facilities, the High Court concluded that her best chance at healing lies in a sanctuary purpose-built for elephant care. _'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,'_ the Court said in its ruling, invoking the parens patriae principle to safeguard the rights of the _'voiceless and hapless Mahadevi.'_ The panel also quoted the words of Lawrence Anthony from his book 'The Elephant Whisperer' to support the argument for better treatment of the elephants. This decision marks a compassionate step toward recognising the emotional and physical needs of animals who cannot voice their suffering. With this transfer, Mahadevi is expected to receive focused treatment and the peaceful surroundings essential for her recovery. The Jamnagar-based sanctuary offers a robust ecosystem of veterinary staff, natural foraging space, and continuous care, ensuring elephants like Mahadevi are given a second chance at a dignified, comfortable life.
India Today
3 days ago
- Health
- India Today
Court rejects Jain trust's plea, upholds elephant Mahadevi's transfer to Vantara
The Bombay High Court on Wednesday dismissed a petition filed by a Jain religious trust challenging the transfer of its captive elephant, Mahadevi alias Madhuri, to a specialised welfare facility in Gujarat.A division bench comprising Justices Revati Mohite Dere and Dr Neela Gokhale upheld the decision of the High Power Committee (HPC), which had directed the elephant's relocation to the Radhe Krishna Temple Elephant Welfare Trust (Vantara) in Jamnagar for long-term care and petitioner, Swasthishri Jinsen Bhattarak of the Pattacharya Mahaswami Sanstha Math in Kolhapur, argued that the elephant had been part of its religious tradition since 1992 and that her transfer infringed upon its rights under Article 25 of the Constitution, which protects religious freedom. Senior counsel Surel Shah, appearing for the Math, contended that the transfer orders—issued on December 27, 2024, and reaffirmed on June 3, 2025—were arbitrary. He maintained that the elephant had recovered from earlier injuries and that the institution had taken measures to improve her care. The petitioner also alleged that the complaint filed by PETA (People for the Ethical Treatment of Animals), which initiated the proceedings, was driven by ulterior motives to add Mahadevi to Vantara's advocate Vishal Kanade, representing PETA, presented photographic and veterinary evidence that highlighted Mahadevi's deteriorating health, including foot rot, abscesses, and signs of psychological distress due to solitary confinement and poor conditions. PETA alleged that the elephant had been subjected to commercial exploitation and denied basic court, after reviewing the HPC's comprehensive evaluation, observed that Mahadevi's living conditions at the Math were 'absolutely dismal,' with inadequate hygiene, nutrition, veterinary care, and social environment. 'The evaluation clearly establishes that the elephant suffered injuries while under the 'care' and custody of the Math,' the bench remarked, noting that the Math failed to provide any explanation for her the treatment of the elephant 'callous and brutal,' the court strongly criticized the use of Mahadevi to carry people and equipment during religious processions. While acknowledging that the Math had made some improvements following complaints, the bench dismissed these as 'cosmetic' and 'too little, too late.'The court emphasised that animal welfare must take precedence over religious customs, endorsing the HPC's finding that Vantara was best suited for the elephant's rehabilitation. The bench also noted that Maharashtra currently lacks a dedicated elephant sanctuary and that Vantara—located in Jamnagar—is both experienced and geographically closest, minimizing transportation bench concluded by affirming the HPC's decision and directed that Mahadevi be relocated to Vantara for continued care and protection.- EndsTrending Reel
The Hindu
3 days ago
- General
- The Hindu
Bombay High Court upholds animal rights over religious customs in elephant custody case
In a significant ruling prioritising animal welfare over religious tradition, the Bombay High Court on Wednesday (July 16, 2025) dismissed a petition by a Jain math Swasthishri Jinsen Bhattarak, Pattacharya Mahaswami Sanstha in Kolhapur, challenging the transfer of a captive elephant, Mahadevi, to an elephant rehabilitation facility in Jamnagar, Gujarat. A Division Bench of Justice Revati Mohite Dere and Justice Dr. Neela Gokhale upheld the orders passed by the High Power Committee (HPC) of the Union Ministry of Environment, Forest and Climate Change, directing the relocation of the elephant to the Radhe Krishna Temple Elephant Welfare Trust (RKTEWT). '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 said in its ruling, invoking the parens patriae principle to safeguard the rights of the 'voiceless and hapless Mahadevi.' The Bench further observed, '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 has duty under the doctrine parens patriae to secure the rights of the voiceless and hapless Mahadevi.' The Court also quoted conservationist Lawrence Anthony's words from his book, The Elephant Whisperer, observing, '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 court said. Health violations and solitary confinement The elephant, owned by the petitioner math since 1992, was reportedly kept in solitary confinement and used for religious processions despite medical issues. Multiple expert inspections, including reports by a sub-committee formed by the HPC, found that the elephant was suffering from severe foot rot, ulcerated wounds, overgrown toenails, and signs of psychological distress. Though the petitioner submitted certificates claiming improvement in Mahadevi's health, the Court noted that these were 'cursory one-pagers' inconsistent with photographic and veterinary evidence. 'The efforts appear to be cosmetic, which include provision of a 10,000-liter water tank; walking the elephant for 5-10 kilometers in a day; health check-ups; taking the elephant to bathe once a week, and replacing the cement/concrete platform with mud. The efforts made by the Petitioner are too little and too late in the day, to redeem the neglect and to commiserate for the damage caused to the mental and physical health of the elephant,' the Court observed. At the outset, there is no explanation offered by the petitioner as to what caused the injuries on the elephant's back in the first place, the Bench asked. 'The only fathomable culprit can be the howdah 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 order said. Religious rights not absolute The math argued that keeping the elephant was part of its religious tradition, protected under Article 25 of the Constitution. It also cited permissions under the Wildlife (Protection) Act, 1972, to use elephants in religious ceremonies. However, the Court sided with the HPC's reasoning, referencing the Supreme Court's judgment in Animal Welfare Board of India vs A. Nagaraja (2014), which held that customs and religious beliefs must yield to animal welfare obligations. Concerns over commercial use During the proceedings, animal rights organisation PETA India, which initiated the complaint, alleged that the math had rented the elephant to a religious body in Telangana for ₹4 lakh, without prior permissions, and had exposed the animal to distressing conditions during public processions. RKTEWT, the recipient facility, stated in its affidavit that it houses 238 elephants and provides access to natural habitats, social integration, veterinary care, and a specialised team for animal rehabilitation. The Court said it had also considered alternate locations within Maharashtra but found that the state lacked a suitable elephant sanctuary. RKTEWT has daily access to natural areas for feeding, bathing, socialization and herd integration. 'All these facilities, including the number of personnel, care givers, international veterinary consultants, biologists specializing in elephant behaviour, etc are available for inhabitants of the reserve. It appears to be a godsent facility for the long suffering elephant,' the Bench said. The Bench also weighed in the doubts raised by the petitioner regarding the suggestion of PETA to transfer the elephant only in RKTEWT and not any other sanctuary and explored the possibility of rehabilitating Mahadevi within Maharashtra itself, 'but we are told that Maharashtra as yet does not have any Elephant Sanctuary. Sanctuaries exclusively caring for elephants do exist in Kerela and other states, however RKTEWT, Jamnagar, is the closest to Maharashtra and the Elephant will not have suffer pronged agony during transportation to any other far flung area. Also as discussed above, we find the RKTEWT suitable to house Mahadevi and provide her with timely and much needed succor. Thus, we have no hesitation in confirming the order passed by the HPC.' Dismissing the petition, the High Court directed that Mahadevi be transferred to RKTEWT within two weeks. The Chief Wildlife Wardens of Maharashtra and Gujarat have been asked to coordinate and issue the necessary transport permits and no-objection certificates. The Court also requested local police authorities to assist in the transfer.
Indian Express
4 days ago
- General
- Indian Express
Priority to elephant's welfare over religious activities
The Bombay High Court on Wednesday dismissed a plea by Jain Math in Kolhapur that sought setting aside the order of a high-power committee (HPC) paving way for transfer of the Mahadevi (Madhuri) elephant to Radhe Krishna Temple Elephant Welfare Trust (RKTWET) at 'Vantara' in Jamnagar, Gujarat. The court directed that the elephant be transferred to the Jamnagar Trust within two weeks. The Child Welfare Warden of Maharashtra was directed to issue a transport permit and the counterpart in Gujarat to issue a no-objection certificate (NOC) for such a transfer. The court also asked the concerned police authorities to provide support for the same. A division bench of Justices Revati Mohite-Dere and Neela K Gokhale passed the judgment on a plea by Swasti Shri Jensen Bhattarak, Pattacharya Mahaswami Sanstha, Math (Karveer) Kolhapur. The Math owned the elephant since 1992 as per Wildlife Protection Rules. It has a tradition to use an elephant for religious programmes and its maintenance is an 'integral part' of the Trust activities. The plea sought quashing of two orders—dated December 27, 2024, and June 3, 2025— passed by the high-power committee directing the transfer. In December 2023, the HPC—on a plea by People for the Ethical Treatment of Animal (PETA )— passed an order of transfer to RKTWET, after which the Math approached the Bombay High Court. On March 23, 2024, the HC requested the panel to consider and decide the petitioner's representation. In the meantime, the authorities were directed to defer the transfer of the elephant and the same was continued even after HPC's order of transfer of December 27, 2024. Last month, the HPC considered the grievances again as per court directive and directed transfer of the elephant to RKTWET. Senior advocate Surel Shah, representing the Math, argued that the HPC's decision was 'illegal, perverse and bad in law'. Shah argued that the HPC overlooked that the elephant was looked after in a proper manner at the Kolhapur Math. Advocates Shardul Singh and Vishal Kanade for RKTWET and PETA respectively opposed the plea. After perusing submissions, the bench observed that 'the HPC has aptly analysed the effects of confinement of an elephant in a religious setting'. The high court added that the HPC has 'duly appreciated the observations of veterinary experts and interpreted legal provisions vis-a-vis the ethical, constitutional and legal framework supporting the protection and rehabilitation of elephants, especially those in captivity.' Justice Gokhale noted that the petitioner couldn't explain what caused the elephant's back injury while it was under Math's care and custody. 'The only fathomable culprit can be the howdah 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 equipment. Thus, this argument cannot be taken to be a mitigating factor in favour of the petitioner…The cursory health certificates do not inspire confidence,' the judges held. The Court, while the upholding the HPC's decision, added that RKTEWT was 'suitable to house Mahadevi and provide her with timely and much needed succor.' The court added that it 'considered and chose 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.' It said that the Math may have had no deliberate intent to cause injury to the elephant. Referring to Lawrence Anthony's book 'The Elephant Whisperer', the court said that it had 'parens patriae' duty 'to secure rights of the voiceless and hapless Mahadevi.' '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,' observed the court.
