High Court Declines Interim Order To Stop Goat Slaughter On 'Bolla Kali Puja,' To Decide Larger Question On Validity Of Animal Sacrifice In West Bengal

The Calcutta High Court has refused to pass any interim orders prohibiting the slaughter of goats at 'Bolla Kali Mata Temple' in North Dinajpur, on the occasion of 'Bolla Kali Puja 2023.'

Earlier, a PIL was mentioned before a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya challenging the vires of animal sacrifice in the name of god, in West Bengal, and particularly seeking interim orders against the proposed slaughter of 10,000 goats at the Bolla Kali Temple today.

On the present occasion, upon noting that the petitioner had approached the Court at a highly belated stage, and any interim orders if passed would not be able to be implemented effectively, the division bench held:

"This PIL is to ensure that no animal slaughter takes place in WB for any other purpose than serving food to mankind. Petitioner seeks strict compliance with various statutes on the prevention of cruelty against animals. Petitioner approached court on grounds of a program organised by Bolla Kali Mata Temple. Petitioner's case is that the temple committee has claimed that 10000 goats would be slaughtered and that appropriate action be taken to stop this. The program to be conducted is scheduled to take place today. At this n-th hour, any effective interim direction cannot be passed and even assuming such orders are passed, the same cannot be implemented effectively. However, seeing the larger relief, we are inclined to admit the plea."

Petitioners, the Reforms Social Welfare Foundation submitted that such animal sacrifice, as was scheduled to take place at the Bolla Kali Temple had been done away with in previous years, and that there were ample statutes, as well as Supreme Court and High Court judgements, which had outlawed the same. 

Petitioner demanded compliance with 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.

Petitioners pointed to judgements by the Himachal Pradesh High Court and Tripura High Court, which had banned animal sacrifice in the respective states, which were pending before the Supreme Court with no order of state. 

It was also submitted that the government of Kerala had passed a law preventing the sacrifice of animals and birds at religious arenas, which had also been challenged before the Supreme Court, and was pending without an order of stay.

Senior Standing Counsel for the State of West Bengal, argued that the district machinery in the area concerned, had already held extensive meetings with the law enforcement teams in the area & the particular temple committee, and had also put up hoardings and banners asking people not to indulge in mass animal sacrifice. 

"This is an age old sacrifice...these numbers are exaggerated, but people come there with their own goats for the religious ceremony. It is easy to talk here, but when thousands of people come there, the only way is to spread awareness among people. There will be a huge law and order problem otherwise. Today only the [ceremony] is there, they have come at the very last moment," it was submitted.

ASG Ashok Kr Chakrabarti, appearing for the Union of India, concurred with the State's submissions that a law and order problem may arise if such last moment interim orders were passed, and submitted that the Court could call for affidavits to decide the larger question on animal sacrifice all across West Bengal, and not just in this one case.

Further submissions were made by an advocate appearing for the Akhil Bharatiya Krishi Gosewa Sangh who submitted that the sacrifice of goats at the Bolla Kali Temple was only in existence for a few hundred years, and could not be considered an Essential Religious Practise, as interpreted by the Supreme Court. 

In taking note of these submissions, the Bench concurred with the view of the senior advocates, and held that no interim orders could be passed at the present stage. 

A long-term solution has to be brought about as there is no specific statute in the State of West Bengal banning sacrifice of animals either as a mass sacrifice or for temple festivals, it was observed.

Accordingly, it directed the district machinery to ensure that the directives on slaughter, such as prevention of mass slaughter, etc, which had been agreed to by the temple committee, were implemented. 

"The district administration shall inform the committee members that the conditions, which have been imposed during the meeting, which was convened are not an empty formality but it is a responsibility of the members of the temple committee/puja committee to ensure that the conditions are followed in its letter and spirit. Since a larger relief is sought, we seek affidavits within 8 weeks from date. We'll list the matter sometime in March," it concluded. 

Case: Reforms Social Welfare Foundation & Anr v Union of India & ors

Case No: WPA(P) 592/2023

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