The Calcutta High Court on Thursday passed an order to reclassify the writ petition moved by the Vishwa Hindu Parishad (VHP) as a public interest litigation (PIL), and for it to be placed before the regular bench having determination over PILs, observing that the names of lioness Sita and lion Akbar did not breach the personal right of the petitioners, rather they have espoused the cause of a "greater section of people of our country" belonging to a particular religion.


Justice Saugata Bhattacharya said if religious sentiments are being hurt then a PIL can be filed. The state of West Bengal submitted before the court that it was the Tripura government that had named the lion Akbar and lioness Sita and they should be made answerable. The court then remarked that the West Bengal government should rename the lions and avoid all controversy.


"The permission for exchange of these animals came on 27/12/2023. This was an exchange program between Siliguri Safari park and Tripura zoo," the West Bengal AAG told the court.


In the course of hearing, the court also pondered over the question as to whether the Tripura government should be made party in the petition. However, the AAG told the court that it does not have that jurisdiction. Ultimately, the court decided that the plea should be a PIL and be heard by a PIL bench.


Interesting Conversation In Calcutta HC On How Animals Should Be Named


Justice Bhattacharya asked the AAG appearing for the state of West Bengal: Who has given this name?


"I was thinking yesterday night whether an animal can be named after God, mythological character, hero, freedom fighters or even nobel laureates? Can a lion be named after Swami Vivekananda or Ramkrishna Paramhans?...Though we aren't considering the issue but think about it. We are not talking about the name of the pet animals of a Zoo officer...You are a welfare and a secular State. Why should you draw a controversy by naming a lion after Sita and Akbar?"


However, the counsel appearing for the West Bengal government again told the court that they have not named the pair of lions at all.


"It was done by Tripura."


Justice Bhattacharya: "You could have named it Bijlee or something like that. Why Akbar and Sita."


West Bengal Counsel: "It was done by Tripura not West Bengal. They have invited controversy, not us!"


Justice Bhattacharya (to West Bengal counsel): "You are an AAG apart from a state advocate. Will you yourself name your own pet after some Hindu God or goddess or Muslim's Prophet? This controversy should have been avoided."


West Bengal Counsel: "Obviously not."


Justice Bhattacharya: "This controversy could have been avoided. This is a welfare State. Even if some names have been given like this it should have been shunned... Our state is suffering from various controversies. From the appointment of teachers to others. Take a prudent decision, and avoid the controversy. Name these two animals something else."


West Bengal Counsel: "We are thinking of renaming."


Justice Bhattacharya: "Will you name a lion after Emperor Ashoka?...Not only Sita, I also don’t support naming a lion after Akbar. He was a very efficient and noble Mughal emperor. Very successful and secular Mughal emperor."


West Bengal Counsel: "These animals were born in 2016 and 2018. Till 5 years no one challenged these names but once they came to West Bengal, they started this controversy." 


Justice Bhattacharya: "We have always learnt from our leaders, the State of West Bengal shows a path to the entire country. What the State of West Bengal thinks today the entire nation thinks about it tomorrow. Maybe people of Tripura did not think of challenging these names."


The judge then went on to ask the West Bengal counsel what he calls his pets. "Do you have pet dogs? What are their names?" 


West Bengal Counsel: "Tuffy, Truffle and Theo." 


Justice Bhattacharya: "Isn't this prudent naming? Otherwise the next day it would appear in newspapers that Mr AAG's dogs' names are after national heroes etc. Nobody can challenge such names. You being the AAG of this court, please set an example and ask your authorities to rename them." 


'Can We Name A Lion After Tagore?'


The West Bengal government told the court that they would give an undertaking to do the renaming if this petition was not classified as a PIL. "If this is to be construed as a PIL, there are elements of maintainability to be considered. It is up to them."


However, the Calcutta HC judge asserted that it was the court's prerogative to decide whether it should be heard as a PIL or not.


"Any private person can name their pets whatever they want. You are an Article 12 authority," Justice Bhattacharya said. 


The Bengal counsel also raised concerns over the social media trolling and posts. "They are using the words Akbar and Sita, and making connotations...We do not want this, it is giving a bad impression of the state."


Justice Bhattacharya said if any of us had to name lions, none of us would have named Akbar and Sita. "Can we name a lion after Rabindranath Tagore?"


West Bengal counsel: "It depends on the persons, the director of the concerned Zoo is responsible."


Justice Bhattacharya: "Sita is also worshipped by many. Will you name a lion after a national hero?"


West Bengal counsel: "Lions are also worshipped, that depends on our rich heritage." 


In an earlier hearing, the respective counsel of West Bengal and VHP argued on whether Hindus worship lions or not.


The court while dictating the order said: "...a social organisation and private individuals have come up with this petition, since the names allegedly hurt the sentiments of people belonging to a particular religious community. Therefore it appears that the personal right of the petitioners is not breached, rather they have espoused the cause of a greater section of people of our country belonging to a particular religion. At best the petition can be reclassified as a PIL and leave is granted to reclassify the petition as a PIL by amending the requisite details."