Tripura High Court bans Animal Sacrifice in Temples: Animals have Right to Life under Article 21 of the Indian Constitution.

Sri Subhas Bhattacharjee v. The State of Tripura & Ors. Writ Petition (C) (PIL) No. 2/2018.

Rohit Pradhan | 28^th September 2019

Background –

Retd. Judicial Officer ‘Subhas Bhattacharjee’ filed a PIL, where he challenged the practice of Animal Sacrifice based on superstition, mainly in two temples i.e., ‘Chatur Das Devata Temple’ and ‘Mata Tripureswari Devi Temple’.

Submission from Petitioner –

 It was submitted that, on each day one goat is sacrificed and on special occasions number of animals are sacrificed on the name of offering Bali.

Submission from Respondent –

1. Sacrificing Animals has been a long followed tradition as a Tantrik Method to worship ‘Dash Maha Vidya’.
2. Petitioner didn’t challenge the sanctity of ‘Bakri Eid’, hence it is a plot to disturb the Hindu sentiment and Public order in the state.
3. When Tripura merged with the Indian Dominion, the condition precedent was that State would worship Mata Tripureswari and ors, in the Traditional manner as has been followed way before Independence of India from British.

Held –

• State’s action to sacrifice animal on the daily basis is neither permissible by the Indian Constitution nor by any other Statute.

“The right of offering an animal for sacrifice is not an integral and essential part of the religion, protected under Article 25(1) of the Constitution. 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 constitutionalism 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.”

• Animals have the Right to Life enshrined under Article 21 of the Constitution.

“Right to life now stands 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 established by law. What is that procedure established by law, now stands succinctly explained by the Constitution Bench (7 Judges) in Maneka Gandhi v. Union of India & another, (1978) 1 SCC 248 which means due process of law.”  

“The word “life” in Article 21 of the Indian Constitution is wide enough to include every living organism be it humans, animals, insects or bird. Deprivation of life has to be as per procedure established by law. Thus it is pertinent in this regard that sacrificing of animal and taking away of their life also has to be in accordance with due process of law. Sacrifice 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 stands observed that animals also have life which also has to be protected under the purview of the said Article.”

• Matter regarding sacrifice by the minority community (Muslims) has already been settled in the case of Mohd. Hanif Quareshi & Ors. v. The State of Bihar.
• Traditional Religious Practice cannot override ‘Prevention of Cruelty to Animals Act’.
• The merger agreement has no reference of custom, ritual, tradition or any practice of animal sacrifice in the State of Tripura.
• Sacrificing animals is not the essential practice of the Religion.

“Animals also breathe as humans and are sometimes said to have the same soul as humans. In our considered view, sacrifice of an animal, based on superstition or not being an essential part of practice of religion in a temple is absolutely an antithesis to compassion.”

• There will be a negative impact upon the Child’s mind.

“A child witnessing continuous violence towards animals may fail to inculcate moral values of showing an act of love, kindness and compassion towards animals. Sacrifice of animals in temples is not pleasing to the eyes and this inhuman religious practice in the name of religion has a definite impact on the psyche of a child.”

• Religion will be unaffected, even if the sacrifices are prevented.