‘Really Controversial’: Calcutta High Court On Veg, Non-Veg Status Of Mythological Characters

A petition in Calcutta High Court led a judge to ponder and say that it would be “really controversial” to tell whether the mythological characters were really vegetarian or non-vegetarian.

A Public Interest Litigation (PIL) in the HC over the sacrifice of animals at a temple in South Dinajpur district, West Bengal was transferred to the bench of the Calcutta HC Chief Justice.

The PIL was filed by an organisation, Akhil Bharat Krishi Go Seva Sangh, seeking urgent directions from the court to the Animal Welfare Board of India to stop illegal animal sacrifice “in the most gruesome and barbaric manner at various temples” in the state, a Times of India report stated.

A Calcutta High Court division bench, comprising Justice Biswajit Basu (who made the observation), along with Justice Ajay Kumar Gupta heard the plea on Monday. The bench observed that the PIL seeks a ban on mass animal sacrifice at a temple in South Dinajpur, where 10,000 animals are ritually sacrificed every November.

It heard arguments on whether animal sacrifice was an “essential religious practice”. However, it transferred the matter to the bench of Chief Justice TS Sivagnanam, which is hearing a batch of similar petitions.

What Law Says
The counsel for the sangh was asked if they are seeking a ban in all temples to which they said the plea sought a ban at one particular temple in South Dinajpur.

“You need not challenge the validity of Section 28 (of The Prevention of Cruelty to Animals Act, 1960) because the practice of sacrifice does not form an essential religious practice of Kali Puja or any other puja, so far as the citizens of the eastern part of India follow. Food habits differ,” Justice Basu remarked, quoted.

The section he pointed to says: “Nothing contained in this act shall render it an offence to kill any animal in a manner required by the religion of any community.”

The petitioner earlier told the court that Bolla Kali Temple in South Dinajpur had a festival of ritually slaughtering more than 10,000 animals – including goats and buffalo – on a Friday after Rash Purnima every November.

“This started sometime in the British era; there was a zamindar arrested by the Britishers. He prayed to Goddess Kali and was released on a Friday. The practice started thereafter,” the counsel said.

However, the court refused to give any interim relief and transferred it to CJI bench.

While arguing the case, the State said the practice did not come under “essential religious practice”, and, as such, did not have protection of Article 25 of the Constitution. Notably, this Article deals with the right to religious freedom subject to some restrictions. The counsel stressed that even if the sacrifice were to happen, it could happen “symbolically”.

On this, advocate general Kishore Datta, representing the state, asked whether an application seeking ban on animal sacrifice in a particular temple could be treated as a PIL. He reasoned there was no “public interest” involved when it is “x (petitioner) vs y (temple authorities)”. 

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