If At All Animal Sacrifice Is Done, It Should Be Done In Licensed Premises: Calcutta HC Asks Puja Committee Of Bolla Kali Temple To Not Encourage Mass Sacrifice
The Calcutta High Court ordered the State Authorities to ensure that the Puja Committee of Bolla Kali Temple does not encourage mass sacrifice of animals and also convince people to desist from such mass sacrifice.
In light of the fact that the festivities started on November 22, 2024, the Court also directed that if at all sacrifice is done, it should be done in the licensed premises and no other area.
The High Court was considering two writ petitions where the petitioners sought for appropriate direction to ensure that no illegal slaughtering of animal takes place in the State of West Bengal (either in the name of God or otherwise) and no animal slaughter takes place in West Bengal for any other purpose apart from serving of food to mankind.
The Division Bench comprising Chief Justice T.S. Sivagnanam & Justice Hiranmay Bhattacharyya said, “In this regard, we note the relevant Rules of law of the Prevention of Cruelty to Animals (Slaughterhouse) Rules 2000 and in terms of Rule 3 (1), no person shall slaughter any animal in municipal area except the area recognized by the concerned committee empowered under the law for the time being in force to do so apart from the other conditions which have been complied with by the slaughter house.”
Advocate Vinay Shraff represented the Petitioners while AG Kishore Dutta represented the Respondents.
The petitioners also sought for strict compliance and implementation of the Prevention of Cruelty to Animals Act, 1960, Transport of Animal Rules, 1978, Prevention of Cruelty to Animals (Slaughterhouse) Rules, 2000 and West Bengal Animal Slaughter Control Act, 1950. The petitioner sought for a direction upon the Animal Welfare Board of India to withdraw their letter addressed to the Director General of Police, West Bengal declaring animal sacrifice in temples permissible as per Section 28 of the Prevention of Cruelty to Animals Act because of which more than 10000 animals were sacrificed in most gruesome and barbaric manner in the temple premises of Goddess Bolla Kali in the year 2022.
Last year, the Court had passed an order issuing certain directions. An affidavit in opposition was filed by the Deputy Superintendent of Police, Dakshin Dinajpur stating that on the night of December 1,2023 and December 2, 2023 a huge number of devotees congregated at the temple and mass animal sacrifices were made with the assistance and cooperation of the Committee members in total violation of the said order passed by the Court.
“Therefore, this Court keeps it open to initiate appropriate proceedings and examine as to whether the Committee members acted in violation of the order passed by this Court on December 1, 2023”, the Bench said.
A matter was listed before the High Court on the ground that for this year, i.e. November 22, 2024, mass sacrifices of animals are to be done in and around the temple premises in an indiscriminate manner without following the statutory Rules. The Bench took note of the Minutes of the Meeting whereby it was agreed by the Puja Committee members that no mass sacrifices will be done. “Thus, the Committee members having agreed to certain conditions which have been reduced in writing in the form of Minutes drawn on 6.11.2024 they are bound to comply with the same without any default”, it stated.
The Advocate appearing for the Puja Committee submitted that no mass sacrifice would be conducted. It was submitted that the sacrifice of the goats was being followed as the ritual for several centuries and at present it will be done in the designated place for which licence has already been obtained.
The Bench further noted, “Nonetheless the Rules are comprehensive Rules which need to be followed and the licence is granted in terms of the said Rules apart from the relevant Rules framed by the State of West Bengal. Over and above all the Committee members have agreed to ensure that no mass sacrifice will be done which has been recorded in the Minutes dated 6.11.2024.”
The Bench thus directed the Puja Committee to strictly abide by what they agreed in the meeting dated November 6.11.2024 drawn by the Sub Divisional Officer, Balurghat Sadar. “...also ensure that no mass sacrifice is done and if at all sacrifice is done, it should be done in the licenced premises and no other area. The authority of the State shall also ensure that the Puja Committee does not encourage mass sacrifice and also convince people to desist from such mass sacrifice”, it added.
Coming to the larger relief as sought for in the writ petition, the Court directed the respondents to file their affidavit in opposition within eight weeks .
Cause Title: Akhil Bharat Krishi Go Seva Sangh Vs. The State of West Bengal & Ors [Case No. W.P.A.(P) 433 of 2024]
Appearance:
Petitioners: Advocates Vinay Shraff, Dev Agarwal, P. S. Paul, Swapan Nath, Rachit Lakhmani, Devkant Sharma, Rudrajyoti Ray, Piyush Kumar
Respondents: AG Kishore Dutta, Sr. Advocate Amitesh Banerjee, Advocates Ipsita Banerjee, Swapan Banerjee, Sumita Shaw, Tapas Kr. Adhikary, Md. Zorabuddin, Kalyan Kr. Chakraborty,Gopal Krishan Sarkar, Vivek Kr. Pandey, Dr. Binoy Brata Bhowmik, Dr. Benaybrata Bhowmick, ASG Ashok Kr., Chakraborty, DSGI Dhiraj Kr. Trivedi, Sukanta Chakraborty, Advocates Kalyan Kr. Chakraborty, Gopal Krishan Sarkar, Vivek Kr. Pandey, Dr. Binoy Brata Bhowmik, Somnath Ghosal