A Division Bench of the Kerala High Court has upheld the constitutional validity of the Kerala Animals and Birds Sacrifices Prohibition Act, 1968.

The Bench passed the verdict while dismissing a public interest litigation filed by Muraleedharan T. and another person from Kozhikode challenging the constitutional validity of the Act.

According to them, Section 28 of the Prevention of Cruelty to Animals Act, 1960 enacted by the Centre permits sacrifice for the purpose of religious practices, thereby removing killing of animals or birds from the rigour of criminal prosecution. The State legislation, however, criminalised sacrifice of animals or birds on the precincts of temples.

Therefore, the State’s law was repugnant to the Central law. Besides, their fundamental rights to practice and profess their religion under Articles 25 and 26 of the Constitution were affected by the State law.

The Bench pointed out that no materials were forthcoming to establish that sacrificing animals and birds were essentials of the religion. The court, while citing a Supreme Court ruling, observed that unless they were essentials of the religion, such acts were not protected under Article 25 of the Constitution.

The court observed that Prevention of Cruelty to Animals Act, 1960, did not employ the word “sacrifice” for the purpose of religious practice. The petitioners were just adding such contention to the Act.