Wed Jul 16 23:34:00 UTC 2025: Okay, here’s a summary of the text, followed by a news article based on it, written from an Indian perspective, as if published in *The Hindu* :
**Summary:**
The Bombay High Court has dismissed a petition by a Jain math seeking to prevent the transfer of their captive elephant, Mahadevi, to an elephant rehabilitation center in Gujarat. The court prioritized the elephant’s welfare, citing its poor health and mistreatment, over the math’s claim of religious tradition. The ruling emphasized the elephant’s right to a quality life and the court’s duty to protect vulnerable animals. The court found that despite claims of improvements to Mahadevi’s living conditions, these efforts were insufficient to undo prior neglect and abuse. The court cited previous supreme court ruling that prioritizes animal welfare obligations over religious beliefs. Evidence and allegations were made that the math rented the elephant and mistreated her during religious processions. The rehabilitation center in Jamnagar, Gujarat was chosen for its capacity to provide specialized care, social integration, and a natural habitat.
**News Article:**
**The Hindu**
**Bombay HC Prioritizes Elephant Welfare, Dismisses Jain Math’s Plea to Keep Ill Elephant**
**Mumbai, July 17, 2025:** In a landmark decision highlighting the growing importance of animal rights in India, the Bombay High Court has ruled in favor of relocating a captive elephant, Mahadevi, to a specialized rehabilitation center in Jamnagar, Gujarat. The court dismissed a petition filed by a Jain math in Kolhapur, which sought to prevent the transfer, arguing that keeping the elephant was a part of their religious tradition.
The Division Bench, comprised of Justice Revati Mohite Dere and Justice Dr. Neela Gokhale, firmly stated that the elephant’s right to a healthy and dignified life superseded the religious claims of the math. The court invoked the principle of *parens patriae*, emphasizing its responsibility to protect the rights of those who cannot speak for themselves.
“We have considered the survival of the elephant and its right to a quality life over and above the rights of men to use the elephant for religious rites,” the court observed in its ruling.
Mahadevi has been owned by the Jain math since 1992 and was reportedly kept in solitary confinement and used for religious processions, despite suffering from various ailments including severe foot rot and psychological distress. Expert inspections revealed that the elephant’s living conditions were inadequate and contributed to its suffering.
While the math submitted certificates indicating improvements in Mahadevi’s health, the court dismissed these as “cosmetic” and insufficient to rectify years of neglect. The court also pointed to injuries on the elephant’s back likely caused by the *howdah* used to carry people and equipment during processions, labeling this treatment as “callous and brutal.”
The math argued that its practices were protected under Article 25 of the Indian Constitution, which guarantees religious freedom. However, the court referenced a landmark Supreme Court ruling (Animal Welfare Board of India vs A. Nagaraja, 2014) that clarifies that religious customs must yield to animal welfare obligations.
During the proceedings, animal rights organization PETA India alleged that the math had even rented the elephant out for profit, further highlighting the animal’s exploitation.
The Radhe Krishna Temple Elephant Welfare Trust (RKTEWT) in Jamnagar, the designated rehabilitation center, has a proven track record of providing comprehensive care for elephants, including access to natural habitats and specialized veterinary services. The court emphasized that it had also considered options within Maharashtra, but no suitable elephant sanctuary exists in the state.
The High Court has directed that Mahadevi be transferred to RKTEWT within two weeks, with the Chief Wildlife Wardens of Maharashtra and Gujarat tasked with facilitating the transfer. This ruling sets a significant precedent for prioritizing animal welfare in India, underscoring the importance of compassion and ethical treatment of animals in the face of traditional practices.
This decision reflects a growing awareness and concern for animal rights within India, aligning with global trends towards greater protection and respect for all living creatures.
First Piper 