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.

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."

(With inputs from Rahul Gayakwad)