Plea In Bombay High Court Challenges Ban On Animal Sacrifice At Vishalgad Fort, Alleges Decision Taken Under Influence Of Right Wing Outfits

A petition has been filed in the Bombay High Court challenging the recent ban on the "age old practice" of animal sacrifice within the protected area of Vishalgad Fort at Kolhapur.

The plea challenges the directive issued by the Deputy Director of Archaeology and Museums, Mumbai on February 1, citing a 1998 HC order that prohibited animal sacrifice in the names of Gods or Goddesses at public places.

"The impugned orders are issued under influence of right wing outfits or Hindu fundamentalists and to please the majority community for political gains by the party in power and therefore suffer from malafides," the petition alleges.

"The authorities had swung into action only under an influence exerted by right wing Hindu fundamentalists and not because there was either a law and order problem or such slaughtering was spreading unhygienic conditions or causing the threat to the security of the monument, i.e. Vishalgad Fort," it adds.

The plea filed by the Hajrat Peer Malik Rehan Mira Saheb Dargah Trust at Vishalgad says the Dargah within the fort precinct is one of the most ancient and historical monuments in Maharashtra, constructed in the 11th century and visited by both Hindus and Muslims.

"The mosque and the tomb are revered and worshipped equally by Hindus and Muslims even today," the plea states.

According to the petitioners, the animal sacrifice at the Dargah is an integral custom but the actual sacrifice does not take place at a public place but at a privately owned land and is performed behind closed doors.

No ruler or the king, either Hindu or Muslim and even the British Government ever thought of imposing a ban on animal sacrifices at Dargah at any point of time, the petition argues.

According to the plea, these offerings are served to pilgrims and others at the Dargah and have been a source of food to many poor and backward people residing in the surrounding villages of Vishalgad fort.

The decision is arbitrary, discriminatory, unjust, high handed, oppressive and violative of Articles 14, 25 and 26 of the Constitution of India, the petition argues. The petitioners have also cited the "absence of legislation imposing total prohibition or ban on animal sacrifice at places of worship."

According to the plea, the ban on animal sacrifice is because authories were annoyed that several alleged "Muslims encroachers" living within the fort precinct had obtained stay orders from the high court against eviction notices. Especially since their outster was a long standing demand of fundamental and religious organisations like Vishwa Hindu Parishad, Bajrang Dal, and Rashtriya Swayam Sevak Sangh, Maratha Tituka Melawa etc. as well as certain leaders of the Shiv Sena and BJP, it adds.

"The authorities including therefore, decided to take more drastic action not only against Muslim residents but against their religious places and religious leaders with renewed vigour," the petition says.

The petition points out that there are many other temples in the district of Kolhapur, Nashik, Ratnagiri and Satara in Western Maharashtra, where the custom of sacrificing goats and sheep is followed.

On the point of law, the petitioners have argued that Rule 8(c) of the Maharashtra Ancient Monument and Archaeological sites and Remains Rules, 1962 prohibits certain acts including cooking and consumption of food within the monument and the same cannot be stretched to the area declared to be protected.

The petition therefore seeks to quash the communication from February 1, 2023 and notice issued by the Director of Archaeology and Museums, Mumbai as well as subsequent communications dated April 30 to the Superintendent of Police, Kolhapur.

The petition filed through Talekar and Associates will be heard by a bench of Justices Gautam Patel and Neela Gokhale tomorrow.