
"Tomorrow Some Other Community...": Court On Slaughter Ban During Jain Festival
The Bombay High Court on Monday wondered if it can prohibit slaughter of animals during the nine-day 'Paryushan Parv' of the Jain community and whether such an order would open the floodgates with other communities also seeking similar bans during their festivals like Ganesh Chaturthi and Navratri.
A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne was hearing a petition filed by a trust of the Jain community challenging the 2024 orders passed by the Brihanmumbai Municipal Corporation as well as civic bodies of Nashik and Pune prohibiting slaughter of animals only for one day during Paryushan last year.
The community sought a ban on slaughtering for nine days from August 21.
The trust highlighted various aspects of Jain belief, including Ahimsa (non-violence) and said if animal slaughter takes place during Paryushan Parv then it would be detrimental to the cause of Jainism.
The court then questioned if it can pass such an order.
"It shouldn't happen that tomorrow every other religion also makes similar demands. You (Jain community) will get an order for nine days for Paryushan Parv, and then some other community will come forward and seek similar orders for the Ganesh Chaturthi and Navratri festival," the court asked.
The bench was informed that the Maharashtra government has already notified 15 days in a year when slaughter is prohibited, including one day for Paryushan Parv.
The court wondered if it can interfere once a policy decision is taken as it was not aware about what percent of the state's population is vegetarian and non-vegetarian.
Mumbai is surrounded by other municipal corporations which do not have slaughter houses and, hence, are dependent on the Deonar slaughterhouse in the metropolis, the bench added.
"Under which statutory obligation should slaughterhouses be ordered to remain closed for nine days," the court asked.
The bench ordered BMC, Nashik, Pune and Mira Bhayandar municipal corporations to decide on the trust's representation seeking prohibition on slaughter for nine days and give their decision by August 18.
Senior counsel Darius Khambata, appearing for the trust, told the court that last year the BMC, while permitting one day ban on slaughter, had reasoned that Mumbai was a cosmopolitan city with a sizeable population of non-Jains and had people whose daily staple includes non-vegetarian food.
"The Nashik and Pune civic bodies have not assigned any reason behind their order. The Mira Bhayandar Corporation has not even bothered to pass an order last year," Khambata said.
The bench directed the trust to submit their representation to the four civic bodies for reconsideration of the decision.
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