The Jharkhand High Court on Friday issued a slew of directions to the State government to ensure the preservation of the sanctity of Parasnath Hill, which holds immense religious significance for the Jain community.
A Bench of Chief Justice MS Ramachandra Rao and Justice Deepak Roshan asked the State to strictly implement a Central government notification and an office memorandum which had called for prohibition on the sale or consumption of liquor and other intoxicants, serving of non-vegetarian food and committing injurious acts to animals on the hill.
It also asked the State to halt the tourism activities planned for the hill.
The Court was hearing a public interest litigation (PIL) petition seeking protection of the sanctity of the Parasnath Hill in the Giridih district.
The Court said restrictions on certain practices or activities in places having religious importance is not a new phenomenon. Such restrictions have been upheld by Courts in several cases, it added.
It further said that in view of the Central government OM, the State government cannot promote the hill as a tourist place or permit mining activities there.
"When the 2023 Office memorandum has stayed both tourism and eco-tourism activities, we fail to understand how the State Government can act contrary to it and continue to treat the Parasnath Hill as a Tourist place on the basis of it‟s notification dt.22.02.2019 and allow/propose the above activities."
On the prohibition of non-vegetarian food and alcohol on the hill, the Court said,
"The respondents claim that they are informing local residents about the prohibition regarding consumption of non-vegetarian food and alcohol in the 2023 Office Memorandum. But in our opinion, mere informing some of the local people/visitors to the Parasnath Hill about the restrictions imposed by the 2023 Office Memorandum, may not suffice. Strict enforcement is necessary."
The Court also said that the primary schools located on the hill cannot serve non-vegetarian food to the students.
"The Office Memorandum dt.02.01.2023 specifically directs the State Government to strictly enforce the ban on consumption of non-vegetarian food items on the Parasnath Hill. If such schools and Anganwadis are located on the Parasnath Hill, consumption of non vegetarian food such as eggs cannot be permitted therein."
It added that the State also cannot permit hunting and sacrifice of animals on the hill since the OM prohibits causing injury to animals
Considering the findings, the Court directed the Secretary, District Legal Services Authority, Giridih to visit the Parasnath hill to ascertain,
1. Whether schools/ anganwadis exist on the Parasnath Hill and whether any mining activities are being conducted on it.
2. How many structures have been constructed on the Parasnath Hill and what is their nature (commercial or residential and Government /Private).
3. Whether such structures have been lawfully constructed after grant of appropriate construction permission.
The Court also took note of the fact that there are only 25 home guards to enforce the prohibitions contained in the 2019 notification and the 2023 OM.
It observed that the hills covers a geographical area of at least 16000 acres and such a small number of Home Guards cannot be expected to ensure compliance with the restrictions.
The Court thus ordered Superintendent of Police of Giridih to increase the number of Home guards on the hill to ensure effective implementation of the 2019 Notification and the 2023 OM.
The PIL before the Court was moved by religious trust named "Jyot," which is based in Ahmedabad, Gujarat, and mentored by Jainacharya Yugbhushansuri. Senior counsel Darius Khambata and Percival Billimoria represented the trust.
They argued that Parasnath hill is one of the most prominent and significant places of worship and is also an essential and integral part of the Jain religion.
"It is to Jainism, what Ayodhya – Ram Janma Bhoomi is to Hindus, Bodh Gaya to Buddhists, the Golden Temple to the Sikhs, Mecca to Muslims and the Vatican to Catholic Christians; and since times immemorial, persons professing Jainism have been worshipping the entire Parasnath hill as a most sacred and sanctified place of worship," they told the Court.
They highlighted prevalence of various alleged sacrilegious activities on the hill including the promotion of tourism related activities by the State and sought directions to maintain its religious sanctity.
During the hearing of the matter last month, Advocate General Rajiv Ranjan submitted that Parasnath hill is also a significant religious site for the worship of Marang Buru, the hill deity of the Santhal tribals.
He alleged that the Jain community, under the guise of this PIL, was attempting to interfere with the exercise of tribal religious rights and practices on the hill. However, the Court found no merit in this contention.
"We find no force in the said contention because there is no pleading of petitioner anywhere objecting about religious practices of Santhal tribals. On the contrary, the learned Senior Counsel for the petitioner assured that the Jain community had no such intention and they would fully respect the religious practices of the Tribals who also come to the Parasnath Hill to worship their deity," it said.
The matter will be heard next on July 21 to monitor the compliance with the directions as well as filing of a status report by the Secretary, District Legal Services Authority, Giridih,
Senior Advocate Darius Khambata and Percival Billimoria along with Advocates Indrajit Sinha, Prerna Jhunjhunwala, Shubham Kataruka and Khusboo Kataruka appeared for the petitioner.
Advocate General Rajiv Ranjan along with advocate Piyush Chitresh appeared for the State.
[Read Order]