MUMBAI, July 17 -- The Bombay high court on Wednesday upheld the transfer of an elephant named Mahadevi from a Jain math in Kolhapur to a Gujarat sanctuary, holding that the animal's right to a dignified life outweighed religious customs. Swasthishri Jinsen Bhattarak, a Kolhapur-based trust belonging to the Jain discipline, follows the tradition of keeping an elephant in the math for religious programmes, and has had Mahadevi there since 1992. However, animal rights body PETA, represented by advocates Vishal Kanade and Prateek Pai from Keystone Partners, made a representation on its plight on October 31, 2023. Consequently, the high-powered committee (HPC) on elephant transfers-set up by the Tripura high court and subsequently given pan-India jurisdiction by the Supreme Court-passed an order on December 28, 2023, for the transfer of the elephant from the Kolhapur trust to the Radhe Krishna Temple Elephant Welfare Trust (RKTEWT), a Gujarat-based body that operates a specialised and well-equipped elephant care centre to rehabilitate injured, abandoned and rescued elephants. In 2024, the trust approached the Bombay high court, and in its orders dated February 7, 2024, and April 18, 2025, the court requested the HPC to consider the trust's representation and take a decision within 15 days. Following this, inspections were conducted and reports submitted. The trust was heard and all the documentary evidence furnished by it was considered by the HPC. Based on this, the HPC upheld its transfer decision again on June 3, 2025. Seeking to quash and set aside both the orders passed by the HPC, the trust stated that the decisions were illegal, perverse and bad in law. Doubting PETA's intentions in urging the HPC to transfer Mahadevi to RKTEWT instead of a wildlife sanctuary, the trust said that the complaint filed by PETA was mala fide and made with the ulterior motive of facilitating RKTEWT to add to its collection of elephants. Responding to this, PETA stated that the trust only has a commercial interest in retaining custody of the elephant under the pretext of religious requirement. It highlighted that Mahadevi was rented to the Telangana State Waqf Board to be paraded in a public procession for Muharram for an amount of Rs 4 lakh. "Mahadevi's pictures demonstrate that she was forced into a crowded situation, tied with a rope around her belly, guarded by several mahouts holding weapons and pulling her ears continuously amidst loudspeakers and humans sitting on the heavy howdah (seat) on her back, despite her foot rot and arthritic condition," it said. PETA further added that the elephant's health assessment report dated August12, 2023, stated that Mahadevi was swaying and bobbing her head, indicative of psychological distress. They presented photo evidence of Mahadevi, which showed her being restrained with chains on two legs in severe solitary confinement. "Her foot pads and toe nails are painfully overgrown and infected and she is controlled by multiple weapons," it added. Upholding the HPC's decision, the division bench of Justices Revati Mohite Dere and Dr Neela Gokhale observed that Mahadevi's physical well-being, social environment, hygiene and the cleanliness of the shelter appeared to be absolutely dismal. "It is clearly stated that the elephant suffers from decubital ulcerated wounds on the bony prominences of the hip joints on both sides and the back side of the right elbow joint and severe foot rot on the middle toe of both forelegs," the bench noted. The court stated that HPC had leaned in favour of the well-being and liberty of the elephant in captivity against the community's alleged rights canvassed by the math. It added that the committee's decision to transfer Mahadevi to RKTEWT appeared to be a godsent facility for the long-suffering elephant. Further, noting the injuries allegedly suffered by Mahadevi during the procession, the court said, "This continued treatment of the elephant is callous and brutal. The elephant does not deserve to be used to ferry weighty humans and equipment." Emphasising that it was duty-bound to secure the rights of the voiceless and helpless Mahadevi, the court directed the elephant to be transferred to RKTEWT within two weeks. "Before we part, we deem it appropriate to record that we have considered and chosen 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 concluded....