Shrine moves HC over transfer of elephant to Jamnagar
MUMBAI, July 23 -- The Swastishri Jinsen Bhattarak Pattacharya Mahaswamy Sanstha-a Jain shrine in Kolhapur district-on Tuesday filed a petition in the Supreme Court, challenging the Bombay high court order to transfer its elephant, Mahadevi, to the Radhe Krishna Temple Elephant Welfare Trust (RKTEWT) at Jamnagar in Gujarat. The trust is an initiative of the Vantara project.
The Jain shrine, situated at Nandini village in Shirol tehsil, is over 1,300 years old and has followers from over 740 villages in Maharashtra and Karnataka. It has had elephants as part of its religious practices for centuries, and Mahadevi, aged 36, has been with it since 1992.
After a complaint from the NGO People for the Ethical Treatment of Animals (PETA) alleging cruelty and health issues faced by the elephant, and the subsequent legal battle last week, the high court on July 16 gave a verdict upholding the order of the high-powered committee (HPC) on the inter-state transfer of wild animals, which had directed Mahadevi's transfer to RKTEWT.
Underlining its concern for the elephant's health, the high court pointed to the howdah (elephant seat) "that may have been placed on the elephant's back to carry loudspeakers and human beings during processions". "This continued treatment of the elephant is callous and brutal," said the order. "The elephant does not deserve to be used to ferry weighty humans and equipment."
The order added that while sanctuaries caring exclusively for elephants did exist in Kerala and other states, RKTEWT was the closest to Maharashtra and the elephant would not suffer prolonged agony during transportation to any far-flung area. "We find RKTEWT suitable to house Mahadevi and provide her with timely and much-needed succour," stated the high court, and directed the chief wildlife warden of Maharashtra to issue a transport permit and the chief wildlife warden of Gujarat to issue a No Objection Certificate in order to effect the transfer.
The shrine on Tuesday challenged this order in the Supreme Court through advocate Anand Landge.
In its petition, it said that the high court had ignored the evidence presented of Mahadevi's good health such as medical reports from vets. It claimed that the high court had given its order on the basis of an old complaint by PETA. In its petition, the shrine said that Mahadevi had been with it since 1992 as part of its religious tradition and practice, and added that it had all the statutory permissions to use elephants for religious purposes. "The Wildlife (Protection) Act and its rules do not allow the forced removal of a lawfully registered elephant unless there is clear evidence of cruelty," stated the petition.
Former MP Raju Shetti also objected to the high court order, saying that it had "spread unrest" among the followers of the Jain shrine. "A few years ago, an NGO working for animals requested my help in convincing the shrine to shift the elephant to Gujarat, as the trustees had not agreed. As this concerned a religious body known for taking care of elephants for centuries, I told them not to pursue it."
A message to Vantara for a response went unanswered....
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