Animal Sacrifice In The Name Of Religion Challenged: Supreme Court Issues Notice On PIL Seeking Ban

The bench of Justices Vikram Nath and Sandeep Mehta sought responses from the authorities while hearing a petition alleging inaction by the Animal Welfare Board Division of the Union government in addressing complaints regarding ritual animal sacrifices. "Issue notice, returnable in 4 weeks," the bench said.

The plea filed through AoR Shruti Bisht has been filed against the alleged failure of authorities, particularly the Animal Welfare Board of India, to take steps to prevent the killing of animals during religious ceremonies and temple rituals despite existing animal protection laws.

According to the petitioner, the practice of animal sacrifice continues in several parts of the country under the guise of religious tradition, even though multiple legal provisions prohibit cruelty to animals.

The petition argues that the authorities have failed to effectively enforce statutory provisions intended to protect animals from cruelty and unlawful killing. It seeks directions from the Court to ensure strict implementation of animal welfare laws and to restrain ritualistic killing of animals in temples and other places of worship.

The plea also contends that several religious narratives are often misinterpreted to justify the practice of animal sacrifice.

Referring to Hindu philosophical traditions, the petitioner states that Lord Shiva is revered as “Pashupati”, the protector and lord of all animals, emphasizing compassion and protection of living beings rather than their destruction. Similarly, mythological stories such as the slaying of Mahishasura by Goddess Durga or the defeat of the demon Raktabija are symbolic narratives, the petition claims, and cannot be used to justify the killing of animals in contemporary religious practices.

The petition relies on several statutory provisions aimed at preventing cruelty to animals. It refers to Article 51A(g) of the Constitution, which places a fundamental duty on every citizen to have compassion for living creatures. The petitioner has also cited provisions of the Prevention of Cruelty to Animals Act, 1960 and the Wildlife Protection Act, 1972 that criminalize acts of cruelty or harm to animals.

Additionally, the plea highlights provisions under the Bharatiya Nyaya Sanhita, 2023 which introduce stricter penalties for cruelty towards animals, including provisions relating to killing, maiming, poisoning, or neglecting animals. According to the petitioner, these statutory protections are not being adequately enforced when it comes to ritual animal sacrifice, creating a gap between law and practice.

The petition also relies on the landmark judgment of the Supreme Court in Animal Welfare Board of India v. A. Nagaraja, where the Court recognized the importance of animal welfare and held that animals are entitled to protection against unnecessary pain and suffering. In that ruling, the Court emphasized that Article 21 of the Constitution, which guarantees the right to life, must be interpreted broadly to include the protection of animal life and dignity.

The petitioner has argued that the principles laid down in the judgment should guide state authorities in regulating or prohibiting practices that involve cruelty to animals, including ritual sacrifices.

Beyond the issue of religious sacrifice, the plea also discusses broader concerns relating to animal cruelty in India. It highlights various forms of abuse such as neglect, exploitation of animals for entertainment, ritual killings, illegal animal fights, and cruelty in transportation and farming practices.

The petitioner argues that stronger enforcement mechanisms and public awareness measures are required to address the problem effectively.

After hearing preliminary submissions, the Supreme Court issued notice in the matter, seeking responses from the concerned authorities.