Not Denied That Parasnath Hill Is Sacred To Jain Community: Jharkhand HC Orders State To Implement Bar On Tourism, Liquor & Non-Veg Food

Noting State's acceptance of Parasnath Hill being "sacred religious place" to the Jain Community, the Jharkhand High Court directed enforcement of a 2023 memorandum which prohibits sale or consumption of liquor, serving of non-vegetarian food and stays plan for tourism and eco-tourism activities. 

A Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan in its order passed a slew of directions:

(i) the respondents to take all measures necessary to enforce the 2019 Notification and the 2023 Office Memorandum and ensure strict compliance with the same;

(ii) the Secretary, District Legal Services Authority, Giridih is directed to visit the Parasnath Hill after issuing notice to the petitioner and to the respondents for purpose of (i) ascertaining whether schools/anganwadis exist on the Parasnath Hill and whether any mining activities are being conducted on it;(ii) how many structures have been erected on the Parasnath Hill and -20 of 20- W.P. (PIL) No. 231 of 2025 what is their nature (commercial or residential; and Government /Private);and

(iii) whether such structures have been lawfully erected after grant of appropriate construction permission. The respondents must submit records to the Secretary, District Legal Services Authority, Giridih in this regard to enable the said official to verify the same;

(iv) the Superintendent of Police, Giridih shall increase the number of Home guards on the Parasnath Hill to ensure effective implementation of the 2019 Notification and the 2023 Office Memorandum;

For context, the Environment Ministry had in August 2019 issued a notification "designating an ecosensitive zone around Parasnath Hill". In clauses 3(18) (p.84) and 7(p.88) of this notification, it is specifically stated that the Central Government and the State Government shall specify other additional measures, if they consider them necessary for giving effect to the provisions of this notification.

Thereafter in 2023 the Centre issued an Office Memorandum under the Environment (Protection) Act, (a) recognizing the sanctity of the Parasnath Hill and its significance for the Jain community; (b) directing the State Government to take all necessary measures to protect the sanctity of the Hill, including prohibiting the sale or consumption of liquor and other intoxicants, serving of non-vegetarian food and committing injurious acts to animals; and (c) directing a stay on the plan for tourism and eco-tourism activities on the Hill. 

The court was hearing a PIL petition filed by the Jain religious trust, 'Jyot' seeking to protect the sanctity of Parasnath Hill.

The petitioner argued that the Hill is among the holiest pilgrimage sites in Jainism, comparable in religious significance to Ayodhya for Hindus or Mecca for Muslims, and that it must be protected from activities that defile its spiritual essence.

Noting the contentions the high court in its order said:

"In the counter affidavits filed by the respondents, none of these contentions are denied and it is accepted that Parasnath Hill is indeed a sacred religious place of members of the Jain Community, but they contend that they are acting to ensure that it is maintained. This is seriously contested by petitioner. We may point out that restrictions on certain practices/activities in places having religious importance is not a new phenomenon. Such restrictions have been upheld by Courts in several cases". 

The State however argued that it has no intention to promote Parasnath Hill as a commercial tourist place, but they intend to develop them as places for religious pilgrimage as per the Jharkhand Tourism Policy, 2021.

The State further argued that it has no intention to hurt the religious sentiment of the Jain Community or any other community and it has also no intention to generate revenue by promoting commercial activities like hotels or resorts etc. and it will not promote Parasnath as a commercial tourist place or allow conventional tourism activities there.

The petitioner however pointed to proposed activities such as a Zoo/Jungle safari in the Hill, business and economic activities such as opening shops or industries, administrative activities, etc, Usage of vehicle  and construction of structures for non-religious purpose, which the bench said had not been denied satisfactorily in the counter affidavit. 

The Court then stated,

“They (State) also do not say that such activities are not happening on the Parasnath Hill.When the 2023 Office memorandum has stayed both tourism and eco-tourism activities, we fail to understand how the State Government can act contrary to it and continue to treat the Parasnath Hill as a Tourist place on the basis of it's notification dt.22.02.2019 and allow/propose the above activities.”

It further said, “There is substance in the contention of the petitioner that the language of the 2023 Office Memorandum is broad enough to cover all types of tourism including eco-tourism as well as religious tourism and that both are prohibited.”

Observing that only 25 home guards had been deployed to monitor a 16,000-acre area, the Court noted, “We cannot expect such a small number of Home Guards to ensure compliance with the restrictions/prohibitions contained in the 2019 notification and the 2023 Office Memorandum.”

Further, on petitioner's allegation that Anganwadis and Primary Schools have been set up on the Parasnath Hill and in the mid-day meal schemes at these schools, "non-vegetarian food such as "eggs‟ are being served at these schools", the court said, “The Office Memorandum dt.02.01.2023 specifically directs the State Government to strictly enforce the ban on consumption of nonvegetarian food items on the Parasnath Hill. If such schools and Anganwadis are located on the Parasnath Hill, consumption of non vegetarian food such as eggs cannot be permitted therein.”

Issuing the directions the court listed the matter for hearing on July 21.

Case Title: Jyot vs The State of Jharkhand and Ors

Counsel for petitioner: Senior Advocate Darius Khambata, Senior Advocate Percival Billimoria along with Advocates Indrajit Sinha, Bhavik Lalan, Khushboo Kataruka, Vidhi Shah and Shubham Kataruka

Counsel for State: Advocate General Rajiv Ranjan, Piyush Chitresh, A.C. to A.G

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