Ensure no illegal slaughter of animals occurs during Bakrid: Bombay High Court to authorities

Read order: Jiv Maitri Trust v. State of Maharashtra and Ors 

LE Staff

Mumbai, July 21, 2021: Hearing pleas raising concerns about the imminent possibility of animals being illegally slaughtered during the festival of Eid al-Adha, the Bombay High Court has ordered that slaughtering must conform to applicable rules governing the same.

In response to two separate petitions, the High Court on Tuesday directed the concerned civic authorities to ensure that slaughtering of animals during Bakrid is undertaken only at licensed slaughterhouses and at specified hours.

While granting an order of stay on the notification issued by the Bhiwandi Nizampur Municipal Corporation (BNMC) granting permission to 38 temporary slaughterhouses to sacrifice animals during Bakrid, which was challenged in a PIL filed by an NGO Jiv Maitri Trust, the Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni stated that no slaughtering of animals shall be allowed except in recognized or licensed slaughter houses and that too in accordance with the statutory rules and the guidelines/decisions of the competent courts of law. 

The Division Bench also warned of appropriate action by the civil, municipal and police administration in case of any violation of the decision. 

The counsel for the NGO pleaded that the BNMC’s notification was illegal and in contravention of provisions under the Food Safety and Standards Act and the Prevention of Cruelty to Animal Act and Prevention of Cruelty to Animals (Slaughter House) Rules. 

Opposing the pleadings of the NGO, the counsel for BNMC informed the High Court that the Commissioner was aware of the rules and that temporary slaughterhouse would be connected with the licensed slaughterhouses to ensure that animal sacrifices do not take place in public places. 

The High Court, however, observed that the Deputy Commissioner had opposed the Commissioner’s stand and had refused to grant approval to start a temporary slaughterhouse on special grounds of the pandemic without obtaining any permission from the State government and the Maharashtra Pollution Control Board. This resulted in stay of the Notification.

Another Bench of the High Court comprising of Justice SS Shinde and Justice NJ Jamadar heard a writ petition filed by NGO Gau Gyan Foundation seeking criminal action against illegal marketing of livestock in the Thane district, Maharashtra for purpose of sacrifice during Bakrid.

While issuing notice in response to the plea, the Division Bench directed the Commissioner of Thane Police to ensure that no illegal slaughter of animal takes place within the jurisdiction of the Mumbai police station.

The High Court also reiterated that the slaughtering of the animals ought to be in conformity with the licenses issued by the competent authorities at designated places and during specified hours. 

On being found that over 400 buffaloes in the livestock market purported to have been brought illegally, a grievance was registered by the petitioner NGO, it alleged. 

The counsel for the petitioner informed the High Court that the NGO had lodged complaints with the police station apprehending an imminent possibility of animals being slaughtered illegally. However, the NGO was left with no option than to approach the High Court for urgent interim relief and strict action, as no action was taken on the complaints so far.