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Synopsis

A division bench of the Bombay High Court comprising Justice GS Patel and Justice Neela Gokhale on Thursday sought reply from the State Government in a plea filed by a Dargah Trust against ban on animal sacrifice around the Vishalgad Fort in Kolhapur. 

The petitioner had challenged the order of the Deputy Director of Archeology and Museum which cited a 1998 high court order banning animal sacrifice in the name of god.

Today, during the hearing in the petition, the counsel appearing for the petitioner submitted that animal sacrifice is prohibited within the monument, however, the animal sacrifice which was being carried on by the petitioner was 1.3 km away from the monument. 

He also submitted that the residential area was behind the Vishalgard fort and the animal sacrifice was being done on the other side which is 1.3 km away from the fort.

The bench made it clear that it would not permit unregulated and unhygienic slaughtering of animals. "We will not permit unregulated slaughter anywhere. there is a need to maintain hygiene conditions. There is a bunch of writ petitions which come every year. You know which time. Civic hygiene and civic consideration should be followed. Maintain the hygiene standard," the bench said. 

The counsel appearing for the petitioner pointed out that right-wing Hindu fundamentalists like Bajrang Dal and VHP have been taking out morchas since November 2022 and have been disturbing the peace.

The division bench then directed the state government to file its reply and kept the matter for hearing on July 5.

The plea claimed that the order of banning animal sacrifice was passed to please the majority community. "The impugned orders are issued under influence of right wing outfits or Hindu fundamentalists and to please the majority community for political gains by the party in power and therefore suffer from malafides," the plea read.

Today, the bench also warned the petitioner to not give a communal spin to the case.

The plea further stated that such a ban is a violation of Articles 14, 21, 25, 26 and 372 of the Constitution since the order is arbitrary, discriminatory, high handed, and oppressive. 

It also argued that the slaughtering is not just for the ritual purposes but also to feed the poor and the needy. "It is not just ritualistic animal sacrifice to appease deities but to provide food to poor, needy and the residents belonging to backward classes at Vishalgad and many other neighbouring villages. Slaughtering of sheep and goats is done at Vishalgad in a healthy and clean environment and does not lead to dirt, filth or unhygienic conditions nor does it produce foul smell and that has been the reason as to why the local residents never objected to it," the plea stated.

Case Title: Hajrat Peer Malik Rehan Mira Saheb Dargah, Vishalgad vs State of Maharshtra & Ors.