Elephant’s Right to Dignity Over Rituals: Courts Uphold Vantara Sanctuary as Custodian of Mahadevi

In a landmark affirmation of animal welfare jurisprudence, the Supreme Court of India recently upheld the Bombay High Court’s decision directing the transfer of a 33-year-old female elephant named Mahadevi from a Kolhapur-based Jain Math to the Radhe Krishna Temple Elephant Welfare Trust (Vantara) in Jamnagar, Gujarat. The decision was based on a series of High Power Committee (HPC) orders and multiple inspection reports highlighting the elephant’s deteriorating condition and ill-treatment under religious custodianship.

Contrary to allegations that Vantara lobbied for Mahadevi’s transfer, the High Court had clarified that the process began with a representation from People for the Ethical Treatment of Animals (PETA), not the Jamnagar sanctuary. PETA’s complaint was submitted to the Union Government’s High Power Committee, which has the statutory mandate to oversee the welfare of captive elephants across the country.

Following the complaint, the HPC had issued orders on December 28, 2023, December 27, 2024, and June 3, 2025, recommending Mahadevi’s transfer. A sub-committee was also constituted to conduct on-site inspections in Kolhapur. Their reports painted a disturbing picture of neglect and abuse.

Photographs submitted to the Committee and the Court showed Mahadevi confined in a cramped, unsanitary shed with hard floors, chained by both legs, and suffering from severe foot rot, decubital ulcers, and overgrown toenails. In one instance, she was found paraded during religious processions with a heavy howdrah carrying humans and loudspeakers—likely the cause of her back injuries.

Despite the petitioner-math’s assertion that they provided proper care, the sub-committee’s June 12, 2024 report deemed the elephant’s living conditions as “dismal.” Subsequent reports confirmed partial recovery but continued to express serious concern about her health and the Math’s inability to meet standards of care. Notably, the Math had leased Mahadevi to the Telangana State Waqf Board for ₹4,00,000, raising red flags about commercial exploitation under the garb of religious use.

The petitioner-math argued that as per the proviso to Section 43(2) of the Wildlife Protection Act, 1972, they were entitled to retain Mahadevi for religious purposes. They invoked Article 25 of the Constitution to claim protection of their religious practices. However, both the High Court and the Supreme Court firmly rejected these arguments, holding that “religious rites cannot override an elephant’s right to a quality life.”

The high court cited the Supreme Court’s ruling in Animal Welfare Board of India v. A. Nagaraja (2014), which held that customs and traditions must yield to constitutional values and animal welfare obligations. Recognizing its role as parens patriae (guardian of the voiceless), the Court emphasized that Mahadevi’s suffering could not be justified by tradition.

The Court also addressed the choice of Vantara as the receiving sanctuary and noted that the sanctuary houses over 230 rescued elephants and provides open habitats, veterinary expertise, social integration, and behavioral rehabilitation.

The Math submitted a one-page medical certificates claiming that Mahadevi was “healthy and sound.” However, these certificates were found inconsistent with the visual and veterinary evidence from the site inspections. The Court observed that “photographs tell the real story,” and the perfunctory certificates failed to inspire confidence.

While the petitioner claimed that Mahadevi had healed under their care, the Court observed that such recovery—if any—only underscored the severity of the original neglect. The delayed efforts were seen as reactive, inadequate, and insufficient to justify continued custody.

In its parting words, the Bombay High Court reflected on the core conflict: “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 expressed no doubt that the Math may not have acted with malicious intent. Yet, intent was irrelevant in the face of callous conditions and visible suffering.

On July 28, 2025, the Supreme Court directed compliance with the High Court’s order, instructing all authorities to facilitate Mahadevi’s transfer to Vantara without delay or harm. The travel arrangements are to be made sensitively, ensuring the elephant’s comfortm the court has ordered.

This case marks a vital moment in India’s evolving animal welfare jurisprudence. It affirms that sanctity of life—regardless of species—supersedes ritualistic symbolism. Vantara’s selection is not just legally sound but morally imperative. As the courts rightly held, Mahadevi’s future lies not in captivity but in care.

Case Title: SWASTHISHRI JINSEN BHATTARAK PATTACHARYA MAHASWAMI SANSTHA, MATH (KARVEER) KOLHAPUR vs. UNION OF INDIA & ORS. 

Bench: Justices JB Pardiwala and R Mahadevan

Order Date: July 28