'No Interim Relief On Slaughter Houses Closure During Entire Paryushan': Bombay HC

The Bombay High Court on Wednesday refused to grant any relief in a batch of petitions seeking direction to the Brihanmumbai Municipal Corporation (BMC) to keep slaughter houses closed during the Jain festival of Paryushan Parv. 

Petitioners Cite Religious Sentiments

Paryushan will be observed from August 20 to 27 for the Digambar community, while the Shwetambar community will celebrate it from August 21 to 28. 

Court Observes Need for Detailed Hearing

A bench of Chief Justice Alok Aradhe and Justice Sandep Marne, while refusing to grant interim relief, issued notices to the BMC and kept the matter for hearing after two weeks. 

BMC’s Stand on the Issue

The HC was hearing a batch of petitions challenging the order issued by the BMC commissioner on August 14 by which the representation submitted by petitioners to close slaughter houses for the entire nine days of Paryushan is partly allowed. The BMC commissioner passed an order saying it will remain closed for a day. The petitioners have contended that there are more Jain community members in Mumbai than in Ahmedabad in Gujarat, where there is ban on slaughter throughout the festival. 

The representation was made to the BMC chief pursuant to last year’s HC order which refused relief saying that it was a policy decision. 

Aggrieved, the petitioners approached the HC contending that permitting animal slaughter during the festival violates Jain religious sentiments. Highlighting the significance of Ahimsa, they said slaughter during this sacred time would be “detrimental to the cause of Jainism”. 

BMC advocate informed the bench that the commissioner had considered their representation and decided to keep the slaughter houses closed for two days – August 24 and 27. Moreover, the city's Deonar slaughter house does not cater only to Mumbai, but also caters to the entire Mumbai Metropolitan Region. 

Historical Reference Raised in Court

Senior advocate Prasad Dhakepalkar, representing one of the petitioners, submitted that the high court had asked the BMC to consider the issue afresh pursuant to our representation, but policy decision cannot be arbitrary. 

The bench said it will have to hear all the parties before passing any order. “Petition has to be heard. Replies will have to be called for. As of now they have recorded a reason that the population of the Jain community is low in Mumbai. No stay can be granted at this stage,” the judges said, adding: “We respect your (Jain community’s) sentiments.” 

Dhakepalkar said it was easier for the Jain community to convince Emperor Akbar to keep the slaughter houses closed during Paryushan. “Emperor Akbar banned slaughter in Ahmedabad for six months. It was easy to convince Emperor Akbar, but not the state government and the corporation,” Dhakepalkar said in a lighter vein. 

Next Hearing After Two Weeks

The HC then issued notices to the respondents and adjourned the matter for two weeks.