Court In India Says Elephant's Welfare Takes Precedence Over Its Use in Religious Rites

In  Bhattarak v. Union of India, (Bombay High Ct., July 16, 2025), a 3-judge panel of the High Court of Bombay in India upheld an order issued by Indian officials to a Trust operated by a Jain religious organization requiring the transfer of an elephant owned by the Trust to the Radhe Krishna Temple Elephant Welfare Trust, an elephant care center. Petitioner contended, among other things, that the elephant was used for Jain religious ceremonies. The court said in part:

Before we part, we deem it appropriate to record that 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.  We have no doubt that the Petitioner-Math may have had no deliberate intent to cause injury to the elephant however, in the given circumstances of conflict between the rights of an elephant and the rights of Petitioner-Math to use the elephant in the discharge of its religious activities, priority must be given to the elephant’s welfare. The Court has duty under the doctrine parens patriae to secure the rights of the voiceless and hapless Mahadevi.  We cannot but reminisce the words of Lawrence Anthony in his book ‘The Elephant Whisperer’, 

“But perhaps the most important lesson I learned is that there are no walls between humans and the elephants except those that we put up ourselves, and that until we allow not only elephants, but all living creatures their place in the sun, we can never be whole ourselves.” 

Live Law reports on the decision.

President Biden Speaks At White House Diwali Reception

Today is Diwali, or more precisely, the high point of the 5-day Diwali celebration. The holiday is celebrated in various ways by Hindus, Sikhs, Jains and Buddhists. On Monday evening, President Biden hosted a Diwali celebration at the White House. In his remarks at the reception (full text), the President said in part:

In late November 2016, a dark cloud formed from hate and hostility toward immigrants, including South Asian Americans, that we hear once again in 2024.  It was then that Jill and I hosted the first Diwali reception, and it was at the vice president’s residence, an Irish Catholic president — vice president, at the time — opening our home for a holiday celebration by Hindus, Bi- — Buddhists, Jains, Sikhs, and more.  How America — how America can remind us all of our power to be the light, all of us. 

Now, as president, I’ve been honored to host the biggest Diwali receptions ever at the White House.  (Applause.)

Today Is Diwali; NYC Schools To Recognize It

Today is Diwali, the Hindu Festival of Lights which is also celebrated by some Jains, Sikhs and Buddhists. As reported by CNN, last Thursday New York City Mayor Eric Adams announced that starting next year, Diwali will be a public school holiday in New York City.  In order to keep the same number of school days in the academic year, state legislation has been introduced to allow New York City public schools to no longer celebrate Anniversary Day as a holiday. Anniversary Day (also known as Brooklyn-Queens Day) is variously described as celebrating the opening of the first Protestant Sunday School on Long Island or the founding of the Brooklyn Sunday School Union in 1816.

UPDATE: Here is President Biden's statement sending greetings for a happy Diwali.

India's Supreme Court Suspends and Grants Review of State Court Decision Outlawing Santhara

BBC reports that yesterday India's Supreme Court agreed to review a decision of the Rajasthan High Court that held Santhara, a traditional Jain practice of starving oneself to death to attain salvation, is suicide under India's Penal Code. (See prior posting.) The Supreme Court suspended the Rajasthan court's judgment while the appeal is in process.

Indian Court Bars Jain Practice of Santhara As Suicide

In India, the Rajasthan High Court, acting on a public interest petition, held that Santhara, a traditional Jain practice of starving oneself to death to attain salvation (background), is suicide under the Indian Penal Code. Thus Sec. 306 outlawing abeting of suicide and Section 309 outlawing attempted suicide apply. The court said in part:

The respondents failed to establish that Santhara is an essential religious practice without which the following of Jain religion is not permissible.

According to the Calcutta Telegraph, the activist who filed the suit says: "... Santhara is a way devised by the family to get rid of the economic burden of caring for its elderly." Jain organizations say they will appeal the decision.

Indian Government Gives Jains Formal Minority Status

Business Standard and Times of India report that on Monday India's Cabinet granted a long-standing demand of the Jain community and formally declared Jains to be India's sixth minority community. (Muslims, Christians, Sikhs, Buddhists and Zoroastrians already have that status.) The move will allow Jains to share in government funds allocated for welfare programs and scholarships for minority communities, and will allow Jains to manage their own educational institutions. The move could also raise again the debate over whether Sikhs, Jains and Buddhists should have their own Personal Laws in India. Currently under a provision in the Constitution they are subject to the Hindu Personal Law.