Bombay HC Tells BMC To Reconsider Ban On Animal Slaughter For Paryushan Parva

“If slaughter homes are closed for 9 days of Paryushan Parva in a metropolis like Mumbai which homes diversified inhabitants, then everybody celebrating different festivals like Ganesh Chaturthi, Durga Puja/Navratri and so on will come to the court docket and search related prayers,” Bombay Excessive Court docket orally remarked whereas listening to a PIL in search of ban on slaughtering of animals in Mumbai, Pune and Nashik for a interval of 9 days in view of the ‘Paryushan Parva.’

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne requested the petitioners to make a illustration to the civic authorities in Mumbai, Pune and Nashik to rethink the request to ban slaughtering actions in the course of the 9 days of Paryushan.

“With out making any touch upon the deserves of the case, we deem it applicable to direct the respondent companies to think about the illustration of the petitioners and take a contemporary resolution newest by August 18,” the judges recorded within the order.

Whereas listening to the arguments put forth by senior counsel Darius Khambatta, the bench initially appeared ‘unconvinced’ with the competition that since Supreme Court docket has upheld such ban orders handed by the Ahmedabad Municipal Company (AMC) related orders should be handed by the Brihanmumbai Municipal Company (BMC) and the civic our bodies of Pune and Nashik.

Khambatta identified that extra Jains stay in Mumbai than in Ahmedabad. “Over 5 per cent of Jains stay in Mumbai which is way increased than the full 3.6 per cent of the Jain inhabitants residing in Ahmedabad metropolis. Thus, the BMC Commissioner whereas passing the August 30, 2024 order refusing the 9 days ban on slaughtering actions, didn’t contemplate this reality in any respect,” Khambatta argued.

Citing the SC judgment, Khambatta identified that the apex court docket has held that this 9-day ban is a ‘cheap’ restriction on the basic rights of the residents prepared to eat non-veg.

“Underneath what statutory obligation can the company shut it for 10 days or 9 days? Simply because the SC held that such ban in Ahmedabad was not unreasonable doesn’t suggest it may be a foundation to shut abattoirs in every single place,” CJ Aradhe orally remarked.

The bench thought-about the objections raised by the BMC and likewise the State to the petition. It famous that the BMC has already prohibited slaughtering actions throughout Mumbai for 15 totally different days which included in the future for Paryushan. It additional took under consideration the truth that the State authorities too has imposed related ban on slaughtering actions throughout Maharashtra for 7 totally different days which incorporates varied festivals excluding Paryushan.

Nevertheless, the petitioners argued that the State and the BMC ignored the truth that the inhabitants of Jains in Mumbai is greater than that residing in Gujarat and thus a contemporary consideration of all the problem from this attitude is required.

“We’re inclined to allow the petitioners to submit detailed representations to the company and the civic physique rethink its resolution in gentle of the illustration by the petitioners… Determination on this regard be taken on or earlier than 18 August… It is usually clarified that this court docket has not expressed any opinion on the deserves of the case…“ the bench stated within the order.