Bombay HC directs BMC to reconsider 1-day slaughterhouse closure during Jain festival
Chief Justice Alok Aradhe and Justice Sandeep Marne were hearing petitions filed last year by two Jain trusts—Sheth Motishaw Lalbaug Jain Charities and Sheth Bherulalji Kanaiyalalji Kothari Religious Trust—challenging the BMC's August 30, 2024 decision.
They urged that the abattoirs be closed for the entire 9-day period of the festival.
Senior Advocate Darius Khambata, representing a trust, relied on a Supreme Court decision March 14, 2028, in Hinsa Virodhak Sangh versus Mirzapur Moti Kuresh Jamat and others. He argued that the Supreme Court found the 9-day closure to be a reasonable restriction and that there is no violation of the fundamental rights of persons engaged in the slaughter of animals.
The apex court held that the sentiments of the minority community must be respected.
Khambat argued that the ratio of this judgment was not considered by the BMC while making the decision.
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Khambata also submitted that the population of Jains in Maharashtra is more than in Gujarat. Advocate Abhinav Chandrachud, representing the second trust, said that according to the 2011 census, there were 14 lakh Jains in Maharashtra and 5.7 lakh Jain in Gujarat.
Khambata added that 5.38% of the population are Jains in Greater Mumbai and 3.64% in Ahmedabad. He said these vital facts were not appreciated by the BMC.
Further, that neither Pune nor Nashik municipal corporations, in their replies, assigned any reason for not directing closure for the entire period of Paryushan Parv.
Govt pleader Poornima Kantharia said slaughterhouses remain closed on the occasion of various festivals for 15 days in a year.
Therefore, the decision to close for one day of Paryushan cannot be termed either arbitrary or in contravention of the law. BMC's advocate Akhsay Shinde said it had notified 15 days in the year on which the slaughterhouses shall be closed.
The judges said that given the facts of the case, they can ask the corporations to reconsider the decision. 'We are willing to adjudicate on the validity of the decision and also give you the option to ask the corporation to reconsider the decision,' the CJ said.
Taking note that Paryushan begins on August 20, the judges permitted the petitioner trusts to submit a detailed representation to the BMC. 'Needless to state that the Corporation shall reconsider the decision taken by it on August 30, 2024, in the light of representations made by the petitioners,' they directed, adding that a decision in this regard shall be taken before August 18 or the commencement of Paryushan Parv this year.
Similarly, Nashik and Pune municipal corporations "shall also take a decision on the closure of slaughterhouses during Paryushan Parv." The judges disposed of the petition, clarifying that they have not expressed an opinion on the merits.
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