In a landmark ruling that prioritizes animal welfare over religious customs, the Bombay High Court on Wednesday ordered the transfer of an elephant named Mahadevi alias Madhuri from a Kolhapur-based religious trust to a dedicated animal welfare facility in Jamnagar, Gujarat, asserting that the elephant’s right to a quality life outweighs the human right to use it for religious purposes.
A division bench of Justices Revati Mohite Dere and Neela Gokhale dismissed a petition filed by Swasthishri Jinsen Bhattarak Pattacharya Mahaswami Sanstha, which had challenged previous orders (December 2024 and June 2025) issued by a high-powered committee directing the elephant’s relocation to the Radhe Krishna Elephant Welfare Trust in Jamnagar.
The court remarked that while the petitioner trust may not have intended to harm the elephant, the conditions under which the animal was kept were “absolutely dismal.” Citing a June 2024 report, the bench noted severe concerns regarding Mahadevi’s health, diet, social environment, hygiene, and overall care. The elephant was found suffering from “decubital ulcerated wounds” on its hips and other parts of the body.
“In this conflict between the rights of an elephant and the rights of the trust to use the elephant in the discharge of its religious activities, priority must be given to the elephant’s welfare,” the court held.
The bench also praised the Jamnagar-based Radhe Krishna trust as appearing to be a “godsend” for the animal. It ordered that Mahadevi be relocated to the Gujarat facility within two weeks.
The case originated from a complaint lodged by People For The Ethical Treatment Of Animals (PETA) India, which raised alarms about the elephant’s deteriorating condition at the Kolhapur trust, where she had been kept since 1992 and used in religious programs.
Delivering a poignant message on the broader importance of compassion for animals, the court cited conservationist Lawrence Anthony’s book The Elephant Whisperer:
“There are no walls between humans and the elephants except those that we put up ourselves, and until we allow not only elephants, but all living creatures their place in the sun, we can never be whole ourselves.”
