'Which Law Says Slaughterhouses Should Be Closed?' Bombay HC In Jain Observance Case
The Jain community in Mumbai has petitioned the Bombay HC, challenging the BMC's limited slaughterhouse closure during Paryushan, arguing for a complete ban like in Ahmedabad.
The Jain community told the Bombay High Court on Wednesday that persuading Mughal Emperor Akbar centuries ago to close slaughterhouses during Paryushan Parva was easier than convincing today's Maharashtra government and Mumbai civic body to do the same. The Bombay HC asked: "Which law says that slaughterhouses should be closed for 10 days during Paryushan Parv," quoted Bar & Bench.
A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne heard a petition challenging the Brihanmumbai Municipal Corporation (BMC) Commissioner's order allowing closure of slaughterhouses in the city for two days. The BMC had ordered the closure of abattoirs on August 24 and 27 during the eight-day Paryushan festival, which runs from August 20 to August 27 this year.
Representing the Jain community, advocate Abhinav Chandrachud argued that the BMC had overlooked the sizeable Jain population in Mumbai, which is larger than in Ahmedabad. He noted that the Ahmedabad civic body has already ordered slaughterhouses to remain shut for the entire duration of the festival, reported Live Law.
Senior advocate Prasad Dhakephalkar, also appearing for the community, added that the BMC Commissioner's reasoning that Jains form a very small proportion of Mumbai's overall population was flawed. He said the civic body wrongly compared Jains to the city's total population instead of considering their numbers against only non-vegetarians.
“They even counted vegetarians against the Jains,” Dhakephalkar argued, adding that with Shravan underway in Maharashtra, “half the non-vegetarians aren't eating non-veg anyway.”
At this, Chief Justice Aradhe remarked, “But for this, you will have to convince them [BMC].”
Responding, Dhakephalkar quipped that the community had once managed to persuade Emperor Akbar to impose such restrictions in Gujarat, “but it is really difficult to convince the Maharashtra Government and the BMC.”
The bench, however, pressed the petitioners on whether the community had any statutory right to demand a blanket ban on slaughter during Paryushan. “There is no legal provision that mandates closure for all 10 days,” the Chief Justice was quoted as saying by Live Law. “We respect your sentiments, but you must show us which law creates such an enforceable right.”
Justice Marne also pointed out that the grounds cited in the plea did not appear strong enough.
The bench observed that while the court could examine the BMC's order for possible non-application of mind, it could not go beyond the law. “If it were up to us and people would listen, we would ask everyone to be vegetarian,” the Chief Justice said. “But the order must fall within the four corners of law.”
The court has now issued notice to the Maharashtra government and the BMC. It said that it will decide on the matter for the next year. The hearing has been adjourned for two weeks.
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