"Will Lead To Similar Requests For Other Festivals": Bombay HC Tells BMC To Reconsider Ban On Animal Slaughter For Paryushan Parva

"If slaughter houses are closed for 9 days of Paryushan Parva in a city like Mumbai which houses diversified population, then everyone celebrating other festivals like Ganesh Chaturthi, Durga Puja/Navratri etc will come to the court and seek similar prayers," Bombay High Court orally remarked while hearing a PIL seeking ban on slaughtering of animals in Mumbai, Pune and Nashik for a period of 9 days in view of the 'Paryushan Parva.' 

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne asked the petitioners to make a representation to the civic authorities in Mumbai, Pune and Nashik to reconsider the request to prohibit slaughtering activities during the 9 days of Paryushan.

"Without making any comment on the merits of the case, we deem it appropriate to direct the respondent corporations to consider the representation of the petitioners and take a fresh decision latest by August 18," the judges recorded in the order. 

While hearing the arguments put forth by senior counsel Darius Khambatta, the bench initially seemed 'unconvinced' with the contention that since Supreme Court has upheld such ban orders passed by the Ahmedabad Municipal Corporation (AMC) similar orders need to be passed by the Brihanmumbai Municipal Corporation (BMC) and the civic bodies of Pune and Nashik.

Khambatta pointed out that more Jains live in Mumbai than in Ahmedabad. "Over 5 per cent of Jains live in Mumbai which is much higher than the total 3.6 per cent of the Jain population living in Ahmedabad city. Thus, the BMC Commissioner while passing the August 30, 2024 order refusing the 9 days ban on slaughtering activities, did not consider this fact at all," Khambatta argued. 

Citing the SC judgment, Khambatta pointed out that the apex court has held that this 9-day ban is a 'reasonable' restriction on the fundamental rights of the citizens willing to eat non-veg.

"Under what statutory obligation can the corporation close it for 10 days or 9 days? Just because the SC held that such ban in Ahmedabad was not unreasonable doesn't mean it can be a basis to close abattoirs everywhere," CJ Aradhe orally remarked. 

The bench considered the objections raised by the BMC and also the State to the petition. It noted that the BMC has already prohibited slaughtering activities across Mumbai for 15 different days which included one day for Paryushan. It further took into account the fact that the State government too has imposed similar ban on slaughtering activities across Maharashtra for 7 different days which includes various festivals excluding Paryushan. 

However, the petitioners argued that the State and the BMC ignored the fact that the population of Jains in Mumbai is more than that living in Gujarat and thus a fresh consideration of the entire issue from this perspective is needed.

"We are inclined to permit the petitioners to submit detailed representations to the corporation and the civic body reconsider its decision in light of the representation by the petitioners... Decision in this regard be taken on or before 18 August... It is also clarified that this court has not expressed any opinion on the merits of the case..." the bench said in the order.