Bombay HC Orders Transfer of Temple Elephant, Affirms Animal Welfare Over Religious Rights

Bombay HC Orders Transfer of Temple Elephant, Affirms Animal Welfare Over Religious Rights

The Bombay High Court has directed the transfer of Mahadevi, a female elephant owned by a Jain temple in Kolhapur, to a Gujarat-based welfare trust, citing her poor health and living conditions. The decision came after PETA alleged neglect and unlawful transfer, prompting a High Power Committee (HPC) to recommend relocation.

The petitioner, Swasthishri Jinsen Bhattarak, Pattacharya Mahaswami Sanstha, claimed religious rights under Article 25 and argued that the elephant was part of community worship. They denied mistreatment and challenged the HPC’s findings, citing medical reports and asserting that a past unpermitted trip to Telangana was a genuine mistake.

However, the Court upheld the HPC’s conclusion that Mahadevi suffered from foot rot, psychological distress, and unsanitary confinement. It rejected the argument of improved conditions and held that religious freedoms cannot override animal welfare laws.

Quoting conservationist Lawrence Anthony, the Bench emphasized the moral duty to protect sentient beings. The Court dismissed the petition and directed the elephant's transfer within two weeks, with necessary permissions and police support.

 

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