HC issues mandatory directions for animal sacrifice on Bakr Eid

In an important decision, the High Court of Uttarakhand has directed that no animals including goat/sheep/buffalo shall be sacrificed in an open space, on any public street or any thoroughfare in front of any place of worship on the occasion of Eid ul Zuha (Bark Eid) on August 22/23. The high court division bench of acting chief justice Rajiv Sharma and justice Manoj Kumar Tiwari issued this direction in the matter of “Sacrifice of Animal in open and blood offal dumped in open drains on Bakr-Eid”.

The high court took cognisance of the appeal by Hindu Mahasabha president and Haldwani resident Prashant Aggarwal and a newspaper report about the Uttar Pradesh government ordering that animal sacrifice on the day of ‘Bakr-Eid’ should not be done in an open area and the blood and offal shall not be dumped in the open drains, so that the religious sentiments of other communities are not hurt. It was stated by Aggarwal that the animals are sacrificed in open place and blood flows in the drains. The remains of the sacrificed animals are dumped in the busy junctions. The Haldwani municipal corporation is running two slaughter houses, but these are not authorised as per the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.

In his letter to the Nainital district magistrate, Aggarwal had requested that directions be issued to ensure that the animals are neither sacrificed in the open area nor their remains are dumped in the drains. Citing various cases and decisions of Supreme Court of India and courts of the USA, the high court division bench issued mandatory directions in the case. It directed that on the day of Eid-ul-Zuha (Bakr-Eid) no animals including goat/sheep/buffalo shall be sacrificed in an open space, on any public street or any thoroughfare in front of any place of worship.

No cow or cow’s progeny or any camel shall be slaughtered on the day of Eid-ul-Zuha as per the law. It was also directed that the blood of animals shall not be permitted to go into drains. The blood and offal shall not be dumped in any open space throughout the State of Uttarakhand. The Municipal Corporations, Municipal Bodies and Rural and Local Bodies throughout the State of Uttarakhand were directed to remove the remains of sacrificed animals, if any, with due promptitude. It was also clarified that the prohibited animals, as defined under “Prevention of Cruelty to Animals Act, 1960”, shall not be sacrificed. The District Magistrates throughout the State of Uttarakhand were directed to ensure compliance of this order in letter and spirit. No animal shall be sacrificed inside any temple, or in an open space or any public street or thoroughfare by the Hindus. It is also ordered that in larger public interest, prayers shall be made only at the places earmarked by the District Magistrates/ SDMs throughout the State of Uttarakhand. The State administration was directed to ensure proper safety around the places where prayers are to be permitted. Earlier, in a petition filed by animal rights activist Gauri Maulekhi the high court in 2010 had held that animals can only be slaughtered in a licensed slaughterhouse, for food for mankind. No public slaughter was permitted. These directions were not specific to any religion and were applicable to both Dussehra and Eid festivals. Pursuant to this, the Uttarakhand Governement had instructed all district magistrates and SSPs to ensure that no animal sacrifice takes place in the state on Dussehra and Eid and the regressive custom be discouraged.

Further, similar directions were given to the state by the supreme court in writ petition number 881 of 2014 filed by Maulekhi. Directions were also given by SC to conduct extensive outreach against animal sacrifice, but implementation has been wanting.