'Public Heath Over Religion': Bombay High Court Refuses To Interfere With BMC's Restrictions On Animal Sacrifice On Bakr Eid

A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni disposed of two PILs filed by butcher associations seeking to increase the permitted number of sacrifices at Deonar from 300 to 700 a day, for three days. They also sought directions to designate a place for big-animal slaughter. 

On Tuesday, the Court said that the petitioner's primary grievance to designate a place to slaughter big animals on the occasion of Eid was addressed with BMC issuing the circular yesterday (which also restricted number of sacrifices to 300).

So far as the other grievance is concerned, the Court observed that public health is of utmost importance in the prevailing Covid-19 circumstances. And if all such requests were acceded to, the "administration would not be able to control the situation," the Chief Justice added.

"In our opinion the primary grievance with which this Court was approached stands redressed. However, Mr. Siddique says that the decision to slaughter 300 buffaloes a day is inadequate and should be increased to 700. We are afraid that the decision is entirely within the executive domain, and the Court in exercise of its powers cannot grant the relief as sought for by the petitioner."

The petitions were filed by butcher communities Al-Quraish Human Welfare Association and All India Jamiatul Quresh.

They contended that BMC's circular permitting online purchase of big animals on July 2 for Bakrid did not cap the number of animals allowed to be purchased. However, the circular issued yesterday, fixed the number of animals allowed to be sacrificed at Deonar, at merely 300.

"Since there was no restriction, people have bought animals online, and now they are in 1000s. A lot of people will be left outside the gates..." Advocate Tanveer Nizam for one of the petitioners submitted.

They added that a weaker section of the Muslim community earns its livelihood from performing animal sacrifice during Eid.

Senior Advocate Anil Sakhare for the BMC said that they had allowed merely 50 big animals to be slaughtered at Deonar last year during Bakrid. But this time, they have allowed 300 a day.

"A decision has been taken on July 2 keeping with covid protocols. So now all the festivals are starting. For Hindus and Muslims. Ganpati and Navratri will also be there. We are taking these precautions for the third wave," he said.

After hearing these submissions, the Court disposed of the PILs.