Convince civic body: Mumbai court on Jain community's slaughterhouse ban plea

The Bombay High Court on Wednesday instructed a section of the Jain community, who sought a week-long ban on slaughterhouses in Mumbai during Paryushan Parva, to convince the Brihanmumbai Municipal Corporation, Live Law reported. The BMC on August 14 ordered a two-day ban on slaughterhouses during the festival as demanded by the community.

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne also questioned if the community had any statutory right to seek such a ban during the entire Paryushan Parva, which will be celebrated from August 20-27.

The festival promotes inner purification, fasting, austerity, and the cultivation of virtues, among others.

"If it is left to us and people will listen to us we will ask everyone to be vegetarian. But the order needs to be within the four corners of law. We respect your sentiments but you need to convince the BMC," the bench said.

Replying to this, Senior Advocate Prasad Dhakephalkar, appearing for the Jain community, argued that it was easier to convince Emperor Akbar to close down the slaughterhouses than the BMC or the Maharashtra government.

"The community could easily persuade Emperor Akbar, who ordered the closure of slaughterhouses in Gujarat then. But it is really difficult to convince the Maharashtra Government and the BMC," Dhakephalkar argued.

"The civic body wrongly considered the total population of Mumbai. They must have considered the population of Jains in comparison only to non-vegetarians. They even counted vegetarians against the Jains. In fact, there is also Shravan going on in Maharashtra, so half the non-vegetarians aren't eating non-veg," he added to solidify the validity of the community's demand, while quoting the BMC commissioner's observations that the population of Jains in Mumbai was "too low".

Advocate Abhinav Chandrachud, also appearing for the Jain community, cited Ahmedabad, saying the city has banned slaughterhouses for the entire duration of the festival.

However, the court seemed not convinced by the counsel of the community, stressing that they should rather convince the BMC. The also asked the Jains if there was a law in place which legitimised such a demand.

"The Ahmedabad case, there was a challenge which went up to the Supreme Court. But there has not been any legal right as such. No legally enforceable right has been created that they must close. There are no statutory provisions or even laws on this aspect. There is fundamental duty regarding compassion for animals etc. We understand that. But you tell us which law says that they must close it for all the 10 days. You must have a right which can be enforced through a court of law," the court noted.

The court, nevertheless, issued a notice to the civic agency and the state government seeking their response to the plea, while assuring the petitioners that it would decide the issue for the next year.

The matter has been adjourned for two weeks.

- Ends