Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

The Tripura High Court has, in an important judgment delivered on Friday, banned animal/birds sacrifice in the temples of the state observing that the animals also have fundamental right to life under Article 21 of the Constitution of India. No person including the State shall be allowed to sacrifice of any animal/bird within the precincts of any one of the temples within the State of Tripura, declared the bench comprising of the Chief Justice Sanjay Karol and Justice Arindam Lodh. It said that the sacrifice of an animal in a temple, not being an essential part of religion, is also violative of Article 21 of the Constitution of India.The PIL and State's Defence Of 'Religion' The bench issued these directives while allowing a Public Interest Litigation filed by a retired judicial officer, Subhas Bhattacharjee, against the practice of sacrifice of innocent animals, on the basis of a superstition, before the Goddess and other Gods & Goddesses and in particular, at two main temples i.e. Mata Tripureswari Devi Temple and Chatur Das Devata Temple. It was submitted before the court that, at Mata Tripureswari Devi Temple, under the patronage of district administration, Government of Tripura, every day one goat is being sacrificed and on special occasions, substantial number of animals are being sacrificed as Bali (offering to the Goddess) by general public. The state submitted before the bench that the practice of animal sacrifice, is as per the 'long accepted procedure of Hindu rituals of the Tantrik method of worship of the Dash Maha Vidya'. Another interesting contention adopted by the state was that the petitioner confined the issue of animal sacrifice only with regard to Hindu religion and not laid any challenge to the practice of animal sacrifice carried out by the Muslim community during their festival of "Bakri Eid‟ and that petition has been filed ―only to disturb the Hindu sentiment and presumably by anti Hindu elements with a view to disturb public order and as such is politically motivated.Referring to a Merger Agreement entered between Maharaja and Indian Dominion, the state submitted that it prescribed that the State Government would worship Mata Tripureswari and other temples, in a traditional system. Since such practice was followed prior to the independence, from the regime of the Maharaja, that domestic animal sacrifice during worship, being an integral part of the worship and as such, is still continued and cannot be stopped, the state said.Action of the State in offering such an animal for sacrifice is not permissibleAllowing the PIL, the bench held that the act of the State of offering one goat every day, for a sacrifice in the Mata Tripureswari temple and other temples on certain occasions, lacks the essence of economic, commercial, political or secular character and hence, the action of the State in offering such an animal for sacrifice is neither permissible under the Indian Constitution nor any statute.The right of offering an animal for sacrifice is not an integral and essential part of the religion, protected under Article 25(1) of the Constitution. As such, no right of the freedom of professing any religion by the State can be said to have been violated. State has no religion other than constitutionalism and the expression 'person' under Article 25 has to be in reference to natural person . Withdrawal of such practice would not tantamount to any change, fundamental in character of the religion. Referring to various Articles of Constitution, the bench observed that it calls upon every citizen of India to exhibit compassion for all living creatures and develop a temper of humanism towards all wildlife. and that the framers of the Constitution had desired to inter alia, develop a spirit of compassion and humanism, abjure violence and also exhibit the same towards all living beings.Animals Have Fundamental Right To Life Referring to judgments in Jallikattu case, Animal Welfare Board of India Vs. A Nagaraja and Ors., (2014)7 SCC 547 and Chief Secretary to the Government, Chennai, Tamil Nadu and Ors Vs. Animal Welfare Board and Anr.,(2017) 2 SCC 144, the bench observed Right to life now stands extended to all living beings, thus the expression "person" has to be read contextually. Hence, insofar as the life of an animal with which we are concerned, cannot be deprived, save and except, in accordance with the procedure established by law. What is that procedure established by law, now stands succinctly explained by the Constitution Bench (7 Judges) in Maneka Gandhi Vs. Union of India & another, (1978) 1 SCC 248 which means due process of law. The word "life" in Article 21 of the Indian Constitution is wide enough to include every living organism be it humans, animals, insects or bird. Deprivation of life has to be as per procedure established by law. Thus it is pertinent in this regard that sacrificing of animal and taking away of...

Breaking: Animals Have 'Fundamental Right To Life': Tripura HC Bans Animal/Bird Sacrifice In Temples [Read Judgment]

Ashok Kini

"Sacrifice of an animal in a temple, not being an essential part of religion, is also violative of Article 21 of the Constitution of India."

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