NEW DELHI: The Supreme Court on Thursday agreed to examine the constitutional validity of a 52-year-old Kerala law that prohibits animal sacrifice only in temples and issued notice to Kerala government on petitions by priests alleging that it discriminates on the ground of religion, for it allowed sacrifice of animals by Muslims in Bakrid and in a certain ceremony at a Church.
Petitioners through senior advocates K V Vishwanathan and V Giri argued that the state law – Kerala Animals and Birds Sacrifices Prohibition Act, 1968 – was also repugnant to the central aw on the issue – Prevention of Cruelty to Animals Act, 1960 – as the latter permitted animal sacrifice required under customs of various religions.
Though the bench of Chief Justice S A Bobde, R S Reddy and A S Bopanna agreed to examine the validity of the state law, it said taking the life of animals is permitted under the central law but cruelty is banned. Vishwanathan and Giri cited the example of culling of stray dogs periodically done by almost all municipal authorities.
The SC also tagged this petition with pending appeals against judgments of High Courts of Himachal Pradesh and Tripura banning the sacrifice of animals in temples. In its interim order, the SC had in these cases said, "If slaughter of animals is done for the purpose involved in the petitions, it shall be done in an area set up for the purpose by the municipal authorities."
The petitioners challenging the Kerala Act said the state law was unconstitutional as it singled out Hindu community alone while giving permission to other religious groups to sacrifice animals and birds in connection with their religious observances. In addition to the reference to Bakrid when Muslims sacrifice animals, they mentioned about "well known Edappally St George Church where sacrificing birds within Church premises and cooking and eating them in connection with a religious practice."
"Kerala Act violates Article 15 of the Constitution as a State is discriminating solely on the basis of religion and singles out Hindu temples as a class to impose restriction without reasonable basis," they said. Section 28 of the Prevention of Cruelty Act (PCA) says, "NRead More – Source
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