Bombay HC says no law mandates slaughterhouse closure during Jain festival
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The Bombay High Court has refused to order the closure of slaughterhouses in Mumbai during the Jain festival Paryushan Parv, and it observed that no law, rule or policy mandates such a measure while holding that it could not issue directions in the absence of a statutory obligation.
A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne was hearing petitions filed by Sheth Motishaw Lalbaug Jain Charities, Shwetambar Murtipujak Tapagachha Jain Sangh Trust, Sheth Bherulalji Kaniyalalji Kothari Religious Trust, and Shree Tapagachha Uday Kalyan Jain Shwetambar Murtipujak Trust, who sought a nine-day closure of slaughterhouses in the city.
The petitioners had challenged the Brihanmumbai Municipal Corporation’s order issued on August 14, which allowed closures only on August 24 and 27 for Ganesh Chaturthi.
The bench noted that while the petitioners wanted a writ of mandamus against the civic body, such relief could not be granted without a legal mandate. It distinguished the matter from the earlier Hinsa Virodhak Sangh case in which the Supreme Court had upheld a decision of the Ahmedabad Municipal Corporation to enforce a similar closure, pointing out that in that case the action had been taken by the civic authority itself.
In Mumbai, however, there was no statutory requirement or corporation-approved decision to enforce the nine-day restriction sought by the petitioners.
The bench observed that the case differed from the one in Ahmedabad, where the municipal corporation itself had decided to close slaughterhouses, and it held that in Mumbai, there was no legislative mandate, rule, policy or enforceable right that required such a closure.
Counsel representing the petitioners argued that the civic body had disproportionately considered the preferences of the non-vegetarian population even though a majority of Mumbai’s residents were vegetarians, and they contended that the BMC’s order had failed to reflect the sentiments of the Jain community.
The court has issued notice to the BMC and adjourned the matter for two weeks, allowing the petitioners to amend their plea if they believe the civic order failed to consider their concerns.