HC asks BMC to review decision to close abattoirs for only a day
Two petitions were filed last year by Sheth Motishaw Lalbaug Jain Charities and Sheth Bherulalji Kanaiyalalji Kothari Religious Trust urging that abattoirs be closed for the entire 9-day period of the festival. On Aug 29, 2024, HC had directed BMC and municipal corporations in Pune, Nashik and Mira Bhayander to decide on their stand.
Senior advocate Darius Khambata, for a trust, argued that BMC had not considered a Supreme Court 2008 judgment that upheld the 9-day closure for Paryushan.
SC held that it is a reasonable restriction with no violation of fundamental rights of persons engaged in slaughter of animals.
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The judges, however, pointed out "by that very analogy, others will seek similar relief for festivals like Ganpati, Durga Puja, Navami and Navratri. They said the petitioners have to show a fundamental or legal right to close slaughterhouses. "Let Corporation take a decision,'' the CJ added.
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Khambata said BMC had already taken a decision last year saying Mumbai's cosmopolitan population includes non-vegetarians. He said the premise of BMC's decision is the SC judgment "pertained to Ahmedabad where there is a preponderance of Jain community." He said 5.38 % of the Greater Mumbai population are Jains and 3.64 % in Ahmedabad. In fact, there are more Jains in Maharashtra than in Gujarat. Advocate Abhinav Chandrachud, appearing for the second trust, said according to the 2011 census there were 14 lakh Jains in Maharashtra and 5.7 lakh in Gujarat.
Justice Marne, referring to the last para of the SC judgment, said, "Like this everybody will demand for different festivals." However, Khambata argued, "This is a festival of non-violence and ahimsa. Therefore I don't think any other community has this kind of festival."
Government pleader Poornima Kantharia said as per a 2019 notification, slaughter houses have to close due to festivals including Paryushan for 7 days in all.
BMC's advocate Akshay Shinde said it had notified 15 days in the year for such closure.
The judges were "willing to adjudicate on the validity of the decision and also give you the option to ask the corporation to reconsider the decision." Disposing of the petitions, the judges also directed Nashik and Pune municipal corporations to decide on closure of slaughter houses during Paryushan. They clarified they have not expressed any opinion on the merits of the matter
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