Bombay High Court Questions Jain Community's Right To Seek Week-Long Ban On Slaughterhouses During Paryushana

The Jain Community told the Bombay High Court on Wednesday (August 20) that it was easier to convince Mughal Emperor Akbar to close down slaughter houses during Paryushan Parva however it is very difficult to convince the State Government and the Brihanmumbai Municipal Corporation (BMC) to do the same.

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne issued notice on a plea challenging BMC Commissioner's order closing slaughterhouses for only two days during Paryushan Parva which lasts for a whole week.

The BMC Commissioner by an order dated August 14, 2025 decided to close down slaughter houses in Mumbai City for 2 days during Paryushan Parva i.e August 24 and August 27 (Ganesh Chaturthi). However the Jain Community's holy event is observed for a week i.e. between August 20 to August 27.

During the hearing advocate Abhinav Chandrachud for the Jain Community submitted that the BMC Chief failed to consider the fact the population of Jains is more in Mumbai than in Ahmedabad. He pointed out that Ahmedabad has already decided to close down slaughter houses in the city for all the days during the Paryushan Parva.

Meanwhile senior advocate Prasad Dhakephalkar also appearing for the community, submitted that the BMC commissioner in his order has opined that the population of Jains in Mumbai is too low when compared with the entire population in the city.

Dhakephalkar said, "The civic body wrongly considered the total population of Mumbai. They must have considered the population of Jains in comparison only to non-vegetarians. They even counted vegetarians against the Jains. In fact, there is also Shravan going on in Maharashtra, so half the non-vegetarians aren't eating non-veg".

At this the Chief Justice orally said, "But for this, you will have to convince them (BMC)".

Dhakephalkar meanwhile argued, "the community could easily persuade Emperor Akbar, who ordered closure of slaughter houses in Gujarat then. But it is really difficult to convince the Maharashtra Government and the BMC".

On the submissions by Chandrachud and Dhakephalkar the Chief Justice sought to know from the petitioners if there is any statutory right of the community to seek ban on slaughter activities throughout the Paryushan period.

The Chief Justice said,

"The Ahmedabad case, there was a challenge which went upto the Supreme Court. But there has not been any legal right as such. No legally enforceable right has been created that they must close...There is no statutory provisions or even law on this aspect...There is fundamental duty regarding compassion for animals etc, we understand that. But you tell us which law says that they must close it for all the 10 days...You must have a right which can be enforced through a court of law..."

The court further orally said, "We can quash the order on the point of non-application of mind etc but you are going a step ahead and seeking all days ban... Where does that right flow from?".

The Chief Justice further said that the court cannot quash the BMC Chief's order saying it is arbitrary, without hearing the civic authorities and the State. Justice Marne pointed out that the grounds for challenge to the instant order are not convincing.

At this stage, Dhakephalkar reiterated that the Jains could easily persuade Emperor Akbar but not the State and BMC.

The court said, "If it is left to us and people will listen to us we will ask everyone to be vegetarian. But the order needs to be within the four corners of law. We respect your sentiments but you need to convince the BMC".

The court said that it will decide the issue for the next year and issued notice to the State and the BMC.

The matter has been adjourned for two weeks.