Calcutta High Court refuses to stay goat slaughter for Kali Puja but agrees to examine larger issue of animal sacrifice

The Calcutta High Court on Friday refused to pass any last-minute orders to halt plans to slaughter around 10,000 goats in the Bolla Kali temple in North Dinajpur for the ongoing Kali Puja [Reforms Social Welfare Foundation vs Union of India]..A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, however, agreed to consider the larger issue of whether animal sacrifice in the name of God should be permitted or regulated..On this broader aspect, the Court admitted the public interest litigation (PIL) petition before it and asked the respondent authorities to file their response within eight weeks. The matter will be heard next in March 2024..As far as the proposed slaughter of goats at the Bolla Kali Mata Temple (which is slated to take place today) was concerned, the Court opined that any last-minute orders on the issue would be unworkable.."This instant PIL is filed to ensure that no animal sacrifice takes place in the name of God and animals be slaughtered only for serving food to the mankind. The petitioners have sought interim orders for the proposed slaughtering of goats in the Bolla Kali Mata Temple, Dinajpur, which is going to take place today itself. Thus, we are of the view that any interim mandatory order at this n-th hour, would not be workable and would not be effectively implemented," the Court's order stated. .The Court, however, ordered the State to ensure that the conditions imposed by it to prevent mass slaughtering of the animals are implemented properly. .When the PIL was taken up for hearing this morning, Additional Solicitor General (ASG) Ashoke Chakraborty raised concern that any last-minute order by the Court may lead to a law and order situation. A similar submission was put forth by the State government's senior standing counsel."It is very easy to say anything while we are in the court. But it becomes very difficult to deal with those 1000s and 1000s of people, who will be coming to the temple. To deal with their sentiments and emotions, would be a huge task. Thus, I cannot say we will do this or that but we will make an earnest endeavour to implement the conditions that we have imposed on such mass slaughtering," the State counsel submitted. .The State counsel further said that the district authorities of Dinajpur held extensive meetings with the Temple Committee of the Bolla Kali Mata Temple and have imposed certain conditions to ensure that no mass slaughtering takes place. "We have also put up banners near the temple vicinity appealing to people against such practice. These are customs going on for ages. We will make all possible endeavours," the counsel told the Court. .Meanwhile, an advocate representing the Akhil Bharatiya Krishi Goseva Sangh (ABKGS) told the judges that the practice of sacrificing goats is not an "essential religious practice.""This is going on from the British era only. One Zamindar was arrested a few hundred years ago for not paying Zamindari Tax. He then prayed to Goddess Kali to get released on a Friday. He got released and as promised, he sacrificed one goat to the Goddess in the temple. Since then people have started sacrificing goats," the advocate said. .The advocate representing the PIL petitioner relied upon the judgments of the Himachal Pradesh High Court and the Tripura High Court to contend that animal sacrifice in the name of God is illegal and not an essential practice of religion. "The two judgments are challenged in the Supreme Court and are pending adjudication. But it must be noted that the Supreme Court hasn't passed any stay order yet," the counsel underscored. He further pointed out that the Kerala government had come up with a law against the sacrifice of animals or birds within temple premises. "A challenge to the said enactment failed in the Kerala High Court. They went upto the Supreme Court and the said appeal is still pending with no stay orders against the law," the advocate submitted. .The bench, however, opined that no last-minute orders can be passed against the slaughter of goats slated to take place today. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.