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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, NEELA GOKHALE
Swasthishri Jinsen Bhattarak, Pattacharya Mahaswami Sanstha, Math (Karveer) Kolhapur – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Neela Gokhale, J.
1. Rule. Rule made returnable forthwith. With consent of the parties, the Petition is taken up for final hearing.
2. THE CHALLENGE :
2.1 By way of this Petition, the Petitioner seeks to quash and set aside the impugned order dated 27th December 2024 and 3rd June 2025 passed by the Respondent No.2-High Power Committee (‘HPC’) and also directions to the Respondent Nos.3 to 5 not to take any coercive action for transfer of the elephant namely Mahadevi @ Madhuri from the Petitioner Trust-Mathsansthan to the Respondent No.6- Radhe Krishna Elephant Welfare Trust at Jamnagar pursuant to the order impugned dated 27th December 2024 and 3rd June 2025 passed by the Respondent No.2.
3. PARTIES TO THE PETITION :
3.1 The Petitioner is a Trust registered under the provisions of Maharashtra Public Trust Act, 1950 belonging to Jain discipline. The Petitioner Trust owns the elephant namely Mahadevi since the year 1992 and is stated to have a religious tradition to keep an elephant in the Math for religious programs. The maintenance of the elephant is an integral part of the Trust activities. The Respondent No.1 is the Union of India; the Respondent No.2 is the HPC; the Respond
The welfare of the elephant Mahadevi is prioritized over the Petitioner Trust's religious rights under Article 25, emphasizing the necessity for legal protection of animals as established in prior ca....
The right to use elephants for religious rituals is protected under Article 26, subject to compliance with health and welfare standards.
The court confirmed the legal permissibility of transferring captive Elephants by private owners when transfers are non-commercial, emphasizing protective oversight for their welfare.
The central legal point established in the judgment is the prohibition of commercial transfers of elephants without permission under the Wildlife Protection Act, 1972, and the penal consequences for ....
The duty of citizens and the State to exhibit compassion to animals as enshrined in Art.51A of the Constitution and the importance of fundamental duties and their enforcement, especially in matters r....
The court mandates strict implementation of the Kerala Captive Elephants Rules to prevent cruelty and ensure welfare, emphasizing the judicial role in filling regulatory gaps.
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