SC Stays Orissa HC's Ban On Bird/Animal Sacrifice During 'Chatar Yatra' [Read Order]

The Supreme Court has stayed an Orissa High Court judgment which banned animal/bird during 'Chatar Yatra' festival.

CJI SA Bobde led bench issued notice in the Special Leave Petition filed by one Bhawani Shanker Nial against the High Court judgment passed in January, this year. There shall be an interim stay of the order in the meanwhile, the bench also comprising Justices AS Bopanna and V. Ramasubramaniam ordered.

The Orissa High Court, had banned the animal/bird sacrifice while allowing a Public Interest Litigation filed by one social activist Jayanti Das. Chatar yatra is a traditional festival celebrated by the people of Kalahandi District, Orissa and it is said that, about 50,000 animal sacrifices take place during this festival. 

In its judgment, the bench comprising Justice (then ACJ) S. Panda and Justice SK Sahoo, observed that these kind of rituals reflect only cruelty, superstition, fear and barbarism and has nothing to do with either religion or culture and such practice is abhorrent and dastardly. The bench had also issued direction to District Administration to sensitize, familiarize and educate the general public particularly the tribal community to desist from such superstitious activities. No person including the State shall be allowed to sacrifice any animal/bird during 'Chatar Yatra' festival on the public road or in and around the precincts of the temple, the court had ordered. 

Referring to various Supreme Court judgments on the subject of animal rights, the High Court had observed thus:

God is the creator of the universe. He has created the human beings, animals, birds and all the species on this earth. The animals and birds breathe like us. They have also a right to live in harmony with human beings and the nature. Like the parents cannot tolerate to see the blood of their children, deity cannot be pleased by sacrificing the animals. No deity would ever ask for the blood. All deities are kind hearted and bless the humanity to prosper and live in harmony with each other. Sacrificing the animals to please the deity is nothing but a sheer superstition which needs to be addressed so that it can come to an end by way of public awareness, sensitization for which participation of district administration, police, educated mass, students and people from all walks of life is necessary. Butchery of animals on the public place on the festival day is shocking and horrifying. A civilized society cannot accept to see such activities openly and blood of animals flowing on the streets during the procession of the deity. It is high time to check such activities, if necessary by taking stringent action against the violators. The overt act of sacrificing animals in the temples or its premises is not obligatory overt act to reflect religious belief and idea. The rituals attached to animal/bird sacrifice reflect only cruelty, superstition, fear and barbarism and has nothing to do with either religion or culture and such practice is abhorrent and dastardly. The animals have basic rights and it needs to be recognized and protected.

Tripura HC 's Animal/Bird Sacrifice Ban

Last year, the Tripura High Court had banned animal/birds sacrifice in the temples of the state observing that the animals also have fundamental right to life under Article 21 of the Constitution of India. While agreeing to hear the appeal filed against this judgment, the Supreme Court had granted a partial stay of the High Court order with a caveat that any slaughtering of animals for the purpose of animal sacrifice can be done 'in accordance with law' in an 'area' set up by the Municipal Authority after hearing Animal Welfare Board and Gauri Maulekhi, an animal rights activist in India. 

Challenge Against Kerala Law Against Animal/Bird Sacrifice

In July, the Supreme Court had issued notice in a special leave petition filed against a judgment of the the Kerala High Court upholding the Constitutional validity of the Kerala Animals and Bird Sacrifices Prohibition Act, 1968. CJI, had remarked in the said case that a dichotomy existed, in allowing killing animals and consuming them, and not allowing killing of animals, offering them to a deity and then consuming them.

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