‘Easier To Convince Akbar Than Mumbai Civic Body,’ Jains To HC Over Paryushan Ban

Jain community urges full ban on Mumbai slaughterhouses during Paryushan; HC tells them to convince BMC. Case adjourned for 2 weeks

Bombay HC Told Jain Community To Convince BMC For Paryushan Slaughterhouse Ban

Source : ANI

The members of the Jain community argued in the High Court, saying that convincing Emperor Akbar was easier than convincing the Brihanmumbai Municipal Corporation (BMC), after the court asked them to persuade the authority to impose a one-week ban on slaughterhouses in the city during Paryushan Parva, reported Live Law.

The incident took place on Wednesday when the High Court instructed the Jain community, which sought a complete week-long ban on slaughterhouses in the city during Paryushan Parva, to convince the BMC to implement the ban.

Convincing Emperor Akbar was easier compared to the Brihanmumbai Municipal Corporation (BMC), the members of the Jain community argued in the Bombay High Court, who asked them to convince the civic body if they wanted a full-week-long ban on slaughterhouses in the city during the holy Paryushan Parva, Live Law reported.

This came after the High Court on Wednesday instructed the Jains, who sought a ban on slaughterhouses in Mumbai for the entire duration of Paryushan Parva, to convince the BMC.

Senior Advocate Prasad Dhakephalkar, representing the Jain community, drew a historical comparison in court. He noted that the community had once succeeded in persuading Mughal Emperor Akbar to impose similar restrictions in Gujarat centuries ago. “But today,” he argued, “it is far more difficult to convince the Maharashtra government and the BMC.”

BMC Allows Only a Two-Day Ban

Earlier this month, on August 14, the BMC agreed to impose a two-day ban on slaughterhouses during Paryushan, falling short of the community’s demand for a week-long prohibition.

The festival, which will be observed from August 20 to 27, is one of the most important periods of the Jain calendar. It emphasizes fasting, self-discipline, inner purification, and the cultivation of virtues such as compassion and non-violence.

Court Questions Legal Basis of Demand

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne raised questions about whether the community had any legal or statutory right to enforce such a restriction.

“If it were left to us, we would ask everyone to be vegetarian,” the bench observed. “But the order must remain within the four corners of the law. We respect your sentiments, but you will need to convince the BMC.”

The judges also pointed out that the population of Jains in Mumbai is relatively small compared to the city’s overall demographic. In response, Advocate Dhakephalkar argued that the BMC had miscalculated by comparing Jains to the entire population, including vegetarians, instead of weighing the numbers against only non-vegetarians. He added that with Shravan also being observed in Maharashtra, many people abstain from meat during this time regardless of religion.

Comparison with Ahmedabad Ban

Advocate Abhinav Chandrachud, also appearing for the petitioners, highlighted that Ahmedabad enforces a slaughterhouse ban throughout Paryushan. However, the bench remained unconvinced, noting that even in Ahmedabad, the issue had reached the Supreme Court and no enforceable legal right had been established.

“The Ahmedabad case, there was a challenge which went up to the Supreme Court. But there has not been any legal right as such. No legally enforceable right has been created that they must close. There are no statutory provisions or even laws on this aspect,” the court clarified. There is fundamental duty regarding compassion for animals etc. We understand that. But you tell us which law says that they must close it for all the 10 days. You must have a right which can be enforced through a court of law.”