Thread by @LiveLawIndia

[Animal Sacrifice]

#BombayHighCourt hearing a trust's plea against recent ban on "age old practice" of animal sacrifice within the protected area of #Vishalgad Fort at Kolhapur.

Hearing before a bench Js GS Patel and Neela Gokhale

Sr Adv Satish Talekar for the petitioners - This practice has been going on for over 1000 years. The fort occupies only 15 acres whereas the precinct is over 300 acres.

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J Patel - Your petition doesn't have the whole background. There is at least one other petition, where they're trying to clear the entire area.

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Talekar - There are only two grounds mentioned by the Director Archeology in his communication to the Collector.

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Talekar - Rule 8(c) of the Maharashtra Ancient Monument and Archaeological sites and Remains Rules, 1962 which prohibits certain acts including cooking and consumption of food within the monument. And a HC judgement from 1998.

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Talekar states that the actual sacrifice is done in a close space over 1.4 kms away from the fort. Tenders the licence and permission certificates issued by the authorities since 2006 and renewed every year.

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Talekar - This issue of banning slaughtering hasn't been decided by the court. Only a statement by the government was recorded in 1998.

As for the Rule, it talks about a ban on consumption on non-veg inside the fort. This is far away.

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Talekar - Certain right wing organisations like Bajrang Dal are spoiling the atmosphere. They are continuously taking out processions since Nov 2022.

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HC - Why are you tendering judgements? We didn't say we are deciding the petition today. We were only asking the AGP for a response.

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Adv Talekar - No, I was only arguing for ad-interim.

Justice Patel -We are making one thing clear. We are not going to permit unregulated slaughtering anywhere. If this is given a communal colour, we will say petition is motivated. Civic hygiene has to be maintained.

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Adv Talekar - We are not doing that. There are so many temples where this happens, why is this durgah being singled out then?

J Patel - It has to start somewhere. We will ask for slaughtering to stop everywhere.

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Order

We have heard Mr Talekar for sometime.

The complaint is that by the impugned communication the authorities have stopped/prevented animal sacrifice in the areas surrounding but not within Vishalgad Fort in Kolhapur district.

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Order

One of the communication(on ban) mentions an order of this court which apparently accepted a statement made on behalf of the government.

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Order

There are other considerations as well, including a particular direction from the Zilla Parishad about need to maintain certain standards of hygiene and sanitation even in the residential localities where sacrifices are said to be carried out. ..

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Order

There may well be other concerns...There are other petitions filed protesting to clear the entire site around the monument..

Mr. Talekar accepts and does not press for interim relief. Reply to be file by July 3.

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