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HC asks BMC to review decision to close abattoirs for only a day
HC asks BMC to review decision to close abattoirs for only a day

Time of India

time5 days ago

  • Politics
  • Time of India

HC asks BMC to review decision to close abattoirs for only a day

Mumbai: Bombay High Court on Monday directed the BMC to reconsider its decision to close slaughterhouses for only a day during the Jain festival of Paryushan Parv. Chief Justice Alok Aradhe and Justice Sandeep Marne permitted two Jain trusts to make "detailed" representations to BMC and directed BMC to reconsider its Aug 30, 2024 decision before commencement of the festival on August 20. 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. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai 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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo 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

"Tomorrow Some Other Community...": Court On Slaughter Ban During Jain Festival
"Tomorrow Some Other Community...": Court On Slaughter Ban During Jain Festival

NDTV

time5 days ago

  • Politics
  • NDTV

"Tomorrow Some Other Community...": Court On Slaughter Ban During Jain Festival

Mumbai: 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.

Bombay HC directs BMC to reconsider 1-day slaughterhouse closure during Jain festival
Bombay HC directs BMC to reconsider 1-day slaughterhouse closure during Jain festival

Time of India

time5 days ago

  • Politics
  • Time of India

Bombay HC directs BMC to reconsider 1-day slaughterhouse closure during Jain festival

MUMBAI: The Bombay High Court on Monday directed the BMC to reconsider its decision to close slaughterhouses for a day during the Jain festival of Paryushan Parv. 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. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai 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.

Slaughter ban for 9-days during Jain festival may lead to similar demands from other communities: HC
Slaughter ban for 9-days during Jain festival may lead to similar demands from other communities: HC

The Print

time5 days ago

  • Politics
  • The Print

Slaughter ban for 9-days during Jain festival may lead to similar demands from other communities: HC

The community sought a ban on slaughtering for nine days from August 21. 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. Mumbai, Jul 7 (PTI) 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. 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. PTI SP BNM This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

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