The Supreme Court Today (Aug 11) said it will hear on Thursday a petition claiming elephants were forcibly taken to Gujarat’s Vantara facility. CJI BR Gavai directed the matter to be listed later this week.
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NEW DELHI: A petitioner has raised a serious issue before the Supreme Court regarding elephants in Gujarat’s Vantara facility.
The petitioner’s advocate informed the court:
“In Gujarat’s Vantara, elephants have been forcibly taken.”
Hearing this submission, Chief Justice of India BR Gavai said:
“List on Thursday.”
The matter is about allegations that elephants were moved against their will or without proper procedure to the Vantara animal care and rescue centre in Gujarat.
The petitioner claims that these actions have violated both animal rights and legal norms.
The Supreme Court has now fixed the hearing for Thursday, where the matter is expected to be taken up in detail.
The case could shed light on the legalities surrounding the relocation of wildlife and the responsibilities of such facilities toward animal welfare.
It has also caught public attention due to the involvement of Vantara, known for its high-profile animal rescue and rehabilitation work.
BACKGROUND
On August 7, Vantara – the elephant welfare trust based in Jamnagar, Gujarat – has clarified its role in the transfer of a 33-year-old female elephant named Mahadevi (also called Madhuri) from a Jain Math located in Kolhapur, Maharashtra.
The organisation stated that it has only followed the binding orders issued by the Supreme Court of India and the Bombay High Court in this matter.
Last month, in a significant judgment that reinforced India’s legal position on animal welfare, the Supreme Court upheld the Bombay High Court’s decision to shift Mahadevi to the Radhe Krishna Temple Elephant Welfare Trust (Vantara).
The Court took this decision after considering a series of official inspection reports and legal directives which highlighted Mahadevi’s deteriorating health and poor living conditions while under the care of the Jain Math.
Vantara, in its public statement, acknowledged the deep emotions of the devotees, the leadership of the Jain Math, and the community members who were attached to the elephant.
The organisation expressed willingness to support any future legal effort by the Math or the Maharashtra Government for Mahadevi’s return, provided it is approved by the Court.
The press release stated:
“Subject to the Court’s approval, Vantara will provide complete technical and veterinary assistance for her safe and dignified return.”
Further, Vantara proposed that if the Court permits, it is ready to work closely with the Jain Math and the Maharashtra Government to set up a satellite elephant rehabilitation centre in Kolhapur’s Nandani region.
It emphasised that this offer was made only to help carry out any future Court directive for Mahadevi’s care, and not to seek recognition.
“We wish to clarify that this proposal is put forward solely to comply with and facilitate any directive that may be issued by the Hon’ble Court regarding Madhuri’s future care, in accordance with international standards. It is not intended for any credit or recognition of Vantara. Moreover, this is a recommendation, not a binding or imposed condition.”
The legal proceedings began after a complaint was filed by People for the Ethical Treatment of Animals (PETA) to the High Power Committee (HPC), which is a statutory authority responsible for the welfare of captive elephants in India.
It is important to note that the process of transferring Mahadevi was not initiated by Vantara.
The Bombay High Court made it clear that:
Vantara did not lobby for the elephant’s transfer. The process started after a complaint by PETA.
Following the complaint, the HPC issued three important directives – dated December 28, 2023, December 27, 2024, and June 3, 2025 – recommending Mahadevi’s transfer. A special sub-committee was also formed to inspect the elephant’s condition at the Jain Math.
The findings were alarming. Photographs presented to the Committee and later to the Court showed Mahadevi living in a small, dirty shed with hard flooring. She was chained on both legs and suffered from serious health issues like foot rot, decubital ulcers, and untrimmed toenails.
She had injuries on her back caused by carrying a heavy howdah with people and loudspeakers during religious events.
Despite the Math’s claims that they provided Mahadevi with appropriate care, the sub-committee’s latest report dated June 12, 2024 described her living conditions as:
“Dismal.”
Later updates showed some recovery, but they also expressed concern about the Math’s capability to provide proper care.
One of the most shocking revelations was that the Jain Math had leased Mahadevi to the Telangana State Waqf Board for Rs 4,00,000, which raised concerns about her being commercially exploited under the pretext of religious practice.
The Bombay High Court referred to the landmark Supreme Court judgment in Animal Welfare Board of India v. A. Nagaraja (2014), which held that traditional customs must not override constitutional duties and animal welfare. In this context, the Court reaffirmed that it is the guardian of those who cannot speak for themselves.
While reviewing the selection of Vantara as the new home for Mahadevi, the High Court highlighted the sanctuary’s reputation and infrastructure.
Vantara currently houses over 230 rescued elephants and provides open habitats, medical treatment, and social rehabilitation facilities. The Court observed that the elephant’s alleged recovery under the Math’s care only highlighted how severe her previous neglect had been.
The High Court firmly stated:
“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.”
Even though the Court acknowledged that the Math may not have acted with bad intentions, it emphasised that:
Intent was irrelevant in the face of callous conditions and visible suffering.
Eventually, on July 28, 2025, the Supreme Court of India directed that the High Court’s orders must be followed. It instructed all relevant authorities to make sure Mahadevi is transferred to Vantara immediately and safely.
The Court also said that all arrangements must be made in a way that ensures the elephant’s comfort and dignity during the journey.
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