Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Follow Us

Top Stories News Updates Columns Interviews Foreign/International Environment



Login Subscribe

Breaking: Animals Have 'Fundamental Right To

Life': Tripura HC Bans Animal/Bird Sacrifce In
Temples [Read Judgment]
BY: ASHOK KINI 27 Sep 2019 6:00 PM GMT

"Sacrifce of an animal in a temple, not being an essential

part of religion, is also violative of Article 21 of the
Consitution of India."
The Tripura High Court has, in an important judgment delivered on
Friday, banned animal/birds sacrifce in the temples of the sate observing
that the animals also have fundamental right to life under Article 21 of the
Consitution of India.

No person including the State shall be allowed to sacrifce of any

animal/bird within the precincts of any one of the temples within the State
of Tripura, declared the bench comprising of the Chief Jusice Sanjay

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Karol and Jusice Arindam Lodh . It said that the sacrifce of an animal in
a temple, not being an essential part of religion, is also violative of Article
21 of the Consitution of India.

The PIL and State's Defence Of 'Religion'

The bench issued these directives while allowing a Public Interes

Litigation fled by a retired judicial ofcer, Subhas Bhattacharjee, agains
the practice of sacrifce of innocent animals, on the basis of a supersition,
before the Goddess and other Gods & Goddesses and in particular, at two
main temples i.e. Mata Tripureswari Devi Temple and Chatur Das Devata
Temple.

It was submitted before the court that, at Mata Tripureswari Devi Temple,
under the patronage of disrict adminisration, Government of Tripura,
every day one goat is being sacrifced and on special occasions,
subsantial number of animals are being sacrifced as Bali (ofering to the
Goddess) by general public.

The sate submitted before the bench that the practice of animal sacrifce,
is as per the 'long accepted procedure of Hindu rituals of the Tantrik
method of worship of the Dash Maha Vidya'.

Another interesing contention adopted by the sate was that the petitioner
confned the issue of animal sacrifce only with regard to Hindu religion
and not laid any challenge to the practice of animal sacrifce carried out
by the Muslim community during their fesival of "Bakri Eid ‟ and that
petition has been fled ―only to disurb the Hindu sentiment and
presumably by anti Hindu elements with a view to disurb public order
and as such is politically motivated.

Referring to a Merger Agreement entered between Maharaja and Indian

Dominion, the sate submitted that it prescribed that the State Government

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

would worship Mata Tripureswari and other temples, in a traditional

sysem. Since such practice was followed prior to the independence, from
the regime of the Maharaja, that domesic animal sacrifce during
worship, being an integral part of the worship and as such, is sill
continued and cannot be sopped, the sate said.

Action of the State in ofering such an animal for sacrifce is not

permissible

Allowing the PIL, the bench held that the act of the State of ofering one
goat every day, for a sacrifce in the Mata Tripureswari temple and other
temples on certain occasions, lacks the essence of economic, commercial,
political or secular character and hence, the action of the State in ofering
such an animal for sacrifce is neither permissible under the Indian
Consitution nor any satute.

The right of ofering an animal for sacrifce is not an integral and

essential part of the religion, protected under Article 25(1) of the
Consitution. As such, no right of the freedom of professing any
religion by the State can be said to have been violated. State has no
religion other than consitutionalism and the expression 'person'
under Article 25 has to be in reference to natural person .
Withdrawal of such practice would not tantamount to any change,
fundamental in character of the religion.

Referring to various Articles of Consitution, the bench observed that it

calls upon every citizen of India to exhibit compassion for all living
creatures and develop a temper of humanism towards all wildlife. and that
the framers of the Consitution had desired to inter alia, develop a spirit of
compassion and humanism, abjure violence and also exhibit the same
towards all living beings.

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Animals Have Fundamental Right To Life

Referring to judgments in Jallikattu case, Animal Welfare Board of India

Vs. A Nagaraja and Ors., (2014)7 SCC 547 and Chief Secretary to the
Government, Chennai, Tamil Nadu and Ors Vs. Animal Welfare Board
and Anr.,(2017) 2 SCC 144, the bench observed

Right to life now sands extended to all living beings, thus the
expression "person" has to be read contextually. Hence, insofar as
the life of an animal with which we are concerned, cannot be
deprived, save and except, in accordance with the procedure
esablished by law. What is that procedure esablished by law, now
sands succinctly explained by the Consitution Bench (7 Judges) in
Maneka Gandhi Vs. Union of India & another, (1978) 1 SCC 248
which means due process of law.

The word "life" in Article 21 of the Indian Consitution is wide

enough to include every living organism be it humans, animals,
insects or bird. Deprivation of life has to be as per procedure
esablished by law. Thus it is pertinent in this regard that sacrifcing
of animal and taking away of their life also has to be in accordance
with due process of law. Sacrifce of animal in the manner and
nature with which we are concerned, in the garb of religion, of
which we are of the opinion, is nowhere allowed by law. Only such
practices can avail protection under Article 25(1) which amounts to
an essential and integral part of religion. In Jallikatu (supra) it sands
observed that animals also have life which also has to be protected
under the purview of the said Article.

Rejecting the argument of the sate, the bench observed that the issue of

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

animal sacrifce by the minority community (Muslims) on the occasion of

Bakr Id, already sands settled in the judgment in Mohd. Hanif Quareshi
& others Vs. State of Bihar. The judgment also discusses various case
laws on Freedom of Religion, Concept of Consitutional Morality,
Hinduism etc. The bench made these observations:

"Which religion or community mandates infiction of unnecessary

pain or sufering on an animal? Which religion prescribes that
physical or mental pain or sufering should not be eliminated in the
pre-slaughter sage? Which religion would want its followers not to
treat animal with compassion, care or a humane approach? And
above all, which religion would allow itself to be shackled to
dogma, supersition and unfounded beliefs so as not to reform and
be in tune with the changing times in pursuit of Consitutional goals
and morality."

Religious practice based on a tradition cannot override Prevention of

Cruelty To Animals Act

One of the contentions defending the practice was based on Section 28 of

the Prevention of Cruelty to Animals Act, which carves out an exception
and provides that nothing contained in the Act shall render it an ofence to
kill any animal in a manner required by the religion of any community.
Interpreting this provision, the bench observed that Section 28 of the Act
merely makes killing for a religious purpose not a punishable crime and
but does not make it permissible to commit such acts in the temple. It
said:

Its language is simple and unambiguously clear. It does not exempt

applicability of any one of the provisions of the Act. All that is

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

prescribed is that if an animal is killed in a manner required by the

religion of any community, then such killing could not be consrued
to be an ofence. It only exempts from the culpability of an ofence.
But that would not mean that provisions contained in Chapter I, II
and III of the Prevention Act became inefective, inoperative or
made redundant, when it comes to killing of an animal for a
religious purpose, unless such religion requires such killing in a
particular manner, the provision of Section 3 would sare in the face
of the State.

Section 28 does not in any way allow sacrifce of animal in temple.

The word "as required by the religion' poses a quesion as to when
will the religion require to infict such pain on the animal? Can it be
said that such manner of killing can be exempted under sec. 28 of
PCA Act only when such killing is an integral and essential part of
the religion. Mos certainly yes, for the Prevention Act does not
defne religion, which in our view certainly has to be undersood in
reference to Article 25. Religious practice based on a tradition
cannot have an overriding efect of the Prevention Act so enacted.
With an object of safeguarding the welfare of the animal and to cure
some mischief and old age practices, so as to bring into efect some
type of reform, based on eco centric principles, recognizing the
intrinsic value and worth of animals. The prevention of cruelty Act
is a welfare legislation which overshadows or overrides the so called
traditions.

Merger Agreement Has No Reference To Sacrifce Ritual

The sate had, to jusify the continuance of this cusom, had referred to a
merger agreement of the year 1949 entered into between the Governor

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

General of India and His Highness the Maharaja of Tripura. Perusing the
same, the bench noted that it dealt with the management of public places
of worship in Tripura, but there is no reference of ritual, cusom, tradition,
tenets or practice of animal sacrifce in the State of Tripura.

In any event, we are of the considered view that in the light of N.

Adithayan (supra), any cusom or usage irrespective of any proof of
their exisence in the pre-consitutional days cannot be consrued to
be a source of law to claim any right when it is found to be violative
of human rights which, in our considered view, would also include
the right of animal to live with dignity. Further, no usage found to
be pernicious and considered to be in derogation of law or opposed
to public policy or social decency can be accepted or upheld by the
courts under the Indian Consitution. Any cusoms, usages and
traditions contrary to the consitutional spirit, cannot be a source of
law. Equally, its sanctifcation has to be as per law. Doctrine, belief
or tradition which is extraneous, redundant accretions to religion,
holds no place to be adhered to in the name of religion, more so in
the light of Article 13 of the Consitution of India

Sacrifce of an animal Not Essential Practice of Religion

Apart from rights which are fundamental in nature, Part IVA of the
Indian Consitution cass duty upon every citizen under Art 51A(g)
with a moral obligation to protect and improve the natural
environment including foress, lakes, rivers, and wildlife, and to
have compassion for living creatures. Human owe a duty to exhibit

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

love and compassion towards animals, with an empathy and

undersanding of the suferings of animals who are speechless and
voiceless. This defnitely are signs of a civilized society. Animals
also breathe as humans and are sometimes said to have the same
soul as humans. In our considered view, sacrifce of an animal,
based on supersition or not being an essential part of practice of
religion in a temple is absolutely an antithesis to compassion.

Impact On The Psyche Of Children

Article 51A(i) further mandates humanism to abjure violence, which

sense of duty would only be agains human, but in ones considered
view agains every living creature on this earth. A child witnessing
continuous violence towards animals may fail to inculcate moral
values of showing an act of love, kindness and compassion towards
animals. Sacrifce of animals in temples is not pleasing to the eyes
and this inhuman religious practice in the name of religion has a
defnite impact on the psyche of a child.

Which Religion Allows This?

Which religion or community mandates infiction of unnecessary

pain or sufering on an animal? Which religion prescribes that
physical or mental pain or sufering should not be eliminated in the
pre-slaughter sage? Which religion would want its followers not to
treat animal with compassion, care or a humane approach? And
above all, which religion would allow itself to be shackled to
dogma, supersition and unfounded beliefs so as not to reform and
be in tune with the changing times in pursuit of Consitutional
morality?

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Stopping Sacrifce Will Bring No Change In Religion

The bench also observed that the sacrifce of animal in temples is not
done out of necessity but merely on the unsighted conviction and
credence that such activity would please the deity, who in return would
besow them with blessings and wellbeing. Disengaging sacrifce of
animal in temple, from the way of worshipping the Godess will bring no
change in the religion, the bench added.

Tesing the argument of sacrifce being core to the worship of the

said deity/idol, can it be said that after soppage of human sacrifce,
almos 200 years ago, the deity, temple or the place, sood defled
having los its relevance, signifcance or importance? or the people
having sufered any consequential wrath as soppage of such
observance? Mos certainly not. In fact, with each passing day, since
then its glory, popularity and infuence has ever increased, more so,
for it is perceived to be the place where one of the body parts of
Goddess Sati fell. If the subsratum of the ritual of animal sacrifce
is taken away, the ceremony of performance of puja cannot be said
to have been defled or the right to practice and profess religion,
obsructed, hindered or diminished in any manner.

Practices Rooted In Fallacy

Had it been such, that the sacrifce of animal in temple is mandatory

in nature, which remain inseparable from the tradition and religion
being so deeply rooted to the people then there would have been no
occasion of ofering prasads with fruits and sweets to the deity,
asides animals by way of sacrifce. Not every devotee goes on to

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

worship the deity in these temples by sacrifcing animals. Evidently

this particular practice by tradition is merely optional and cannot be
fgured as an essential and integral part of religion. For sacrifcing
innocent, helpless and voiceless animals does not conquer
consitutional morality. Perhaps, such practices can only be said to
be rooted in fallacy.

Other Directives

-Anyone of the devotees desirous of ofering any animal out of

personal faith, belief or desire, may do so, but, shall take back the
animal and under no circumsance any activity of animal sacrifce
shall be permitted to be carried out. Prudently, the Government can
earmark land for opening shelter home for rearing such livesock.

-The Disrict Magisrate & Collectors of the respective disricts and

more specifcally, Disrict Magisrate & Collector, Gomati Disrict,
Udaipur as also Disrict Magisrate & Collector, Wes Tripura
Disrict, Agartala under whose jurisdictions Devi Tripureswari
temple and Chatur Das Devata temple are situate, respectively, shall
forthwith take action for ensuring implementation of the orders; The
Superintendent of Police of all the disricts shall also ensure srict
implementation of the order. Such ofcers shall be personally liable
for implementing the orders;

-The Chief Secretary, Government of Tripura shall also ensure

compliance of the order. Also he shall ensure that at leas in two
temples i.e Devi Tripureswari temple and Chatur Das Devata temple
in Tripura, where act of animal sacrifce is carried out profusely, CC
TV cameras are insalled forthwith; every month he shall have a soft
copy of such video recording placed on this fle;

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

-Such video recording of the temple(s) shall form part of record of

the present petition and shall be consituted as part of the record of
the appeal preferred, if any, by any person, including the State;

-Disrict Magisrate & Collectors of all the disricts shall initiate all
measures of educating and sensitizing the general public of the
consitutional mandate and its importance, relevance and
signifcance, more so, of adopting an attitude of love, humanism and
compassion towards all animals/birds;

-The State Government shall give due publicity and also sensitize
the general public of the consitutional values and passing of the
order and implementation thereof.

Click here to Read/Download Judgment

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Topics : Animal Sacrifce  |  Tripura HC   |  Justice Sanjay Karol  |

 arindam

RELATED

LAW FIRMS More +

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Anti - Arbitration Injunction

 26 Sep 2019 6:25 AM GMT

LATEST NEWS More +

CJI Gogoi Recuses From Hearing Guatam Navlakha's Petition For Quashing FIR In Bhima
Koregaon Case
 30 Sep 2019 6:01 AM GMT

SC Refers Petitions Agains Jammu & Kashmir Lockdown To

Consitution Bench

SC Dismisses Vaiko's Habeas Petition For Release Of Farooq

Abdullah

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

CJI Recommends Jusice Rajendra Menon As Chairperson OF Armed

Forces Tribunal

Inter-State River Water Disputes Bill- Watering-Down The Water-

Federalism

Employees Compensation Act Is Social Security Legislation

Providing Speedy Payment Of Compensation : Allahabad HC [Read
Judgment]

High Courts Weekly Round-Up

Supreme Court Weekly Round-Up

NLSIU Regisrar Dr. O. V. Nandimath Resigns

Employee Can Withdraw Reques For Voluntary Retirement Anytime

Before Its Acceptance: Delhi HC [Read Judgment]

FOREIGN / INTERNATIONAL More +

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Confdentiality Of Journalisic Sources Mus Be Protected For Strong And Efective Journalism:
Canada Supreme Court [Read Judgment]
 29 Sep 2019 6:54 AM GMT  Ashok Kini

India Votes Agains Resolution For Abolition Of Death Penalty In 42nd UNHRC Session
 28 Sep 2019 11:51 AM GMT  Akshita Saxena

Google Not Bound To Apply 'Right To Be Forgotten' Globally, Holds European Court of Jusice
[Read Judgment]
 27 Sep 2019 1:27 PM GMT  LIVELAW NEWS NETWORK

Brexit Would Seriously Threaten The Rights of Women and Minorities: Bes For Britain Report
[Read Report]
 27 Sep 2019 2:53 AM GMT  Karan Tripathi

Trans-Male Who Gave Birth To A Child Cannot Be Regisered As A Father: High Court Of
England & Wales [Read Judgment]
 26 Sep 2019 6:18 AM GMT  Karan Tripathi

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

ENVIRONMENT More +

NGT Directs Delhi Govt. To Formulate Guidelines To Regulate Functioning Of Hotels And
Banquet Halls
 27 Sep 2019 11:37 AM GMT  Arunima Bhattacharjee

NGT Directs Karnataka State Authorities To Check Pollution In Papnash Lake

 25 Sep 2019 2:41 PM GMT  Arunima Bhattacharjee

NGT Pulls Up State Authorities For Inaction On Polluting Indusries In Wesern UP

 25 Sep 2019 5:01 AM GMT  Arunima Bhattacharjee

NGT Directed DPCC To Inquire The Operation Of Unauthorized Wooden Bed Factory In The
Residential Area [Read Order]
 23 Sep 2019 4:16 AM GMT  Mustafa Plumber

Appoint NEERI For Scientifc Study of Lakes In Bengaluru Within 10 Days : Karnataka HC
 22 Sep 2019 5:37 AM GMT  Mustafa Plumber

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

CORPORATE More +

NCLAT Allows Dutch Adminisrator To Participate In Insolvency Proceedings Of Jet Airways

 28 Sep 2019 5:10 AM GMT  Arunima Bhattacharjee

Renewed Hope For Amtek Auto Resolution As SC Allows RP To Issue Invitation For Fresh Bids
 25 Sep 2019 5:00 AM GMT  Arunima Bhattacharjee

SFIO Challenges NCLT's Order Directing Invesigation Into Fraud By Companies

 24 Sep 2019 6:40 AM GMT  Arunima Bhattacharjee

Insolvency & Bankruptcy Code Prevails Over Prevention Of Money Laundering Act : PMLA
Appellate Authority
 23 Sep 2019 2:03 PM GMT  Arunima Bhattacharjee

NCLAT Allows Group Insolvency Of Group Companies For Adel Landmarks Limited [Read
Judgment]
 21 Sep 2019 2:14 PM GMT  LIVELAW NEWS NETWORK

Who We Are Careers Advertise With Us Contact Us Privacy Policy

Terms and Conditions

Download App

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]
Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Top Stories
News Updates
Columns
Interviews
Foreign / International
RTI Updates
Know the Law
Law Firms
Job Updates
Book Reviews
Events Corner
Cover Story
Editors Pic
Law School Corner
Articles
Call for papers
Competitions
Internships
Placements
Scholarships
Seminars

© 2018 Live Law   

Powered by Hocalwire

https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples-148529[30-09-2019 11:58:07]