Supreme Court Seeks Kerala Govt’s Response On Plea Challenging HC Order Upholding Validity Of State Law That Prohibits Animal Sacrifice In Temples

The Supreme Court of India on Thursday sought a response from the State of Kerala in a special leave petition challenging the order passed by Kerala High Court upholding the constitutional validity of the Kerala Animals and Bird Sacrifices Prohibition Act, 1968.

Chief Justice of India SA Bobde, Justice R Subhash Reddy, Justice As Bopanna were hearing the SLP filed by PE Gopalakrishnan, Amulraj KK, Raji V and Babu NK who had previously challenged the said act before the Kerala High Court but in an order dated June 16, the said challenge was dismissed.

“The Kerala Animals and Bird Sacrifices Prohibition Act, 1968 prohibits propitiation of deity through sacrifice of animals and birds in temples and temple precincts. Interestingly, the mental condition alone i.e killing or maiming of any animal for propitiating any deity alone is the core consideration as per the provision of the Act and the converse, if the act is not for propitiating any deity, but for personal consumption even in temple premises, is not forbidden” the petition states.

This classification has no basis and is arbitrary, the petitioners contended. Moreover, three of the petitioners traditionally follow the Shakthi worship, of which animal sacrifice is an inalterable part, the petitioners argued. Sacrificing animals and birds are essentials of the religion and the impugned legislation is interfering with our Fundamental Rights under Articles 25 and 26 of the Constitution, petitioners argue.

Moreover, the petitioners asserted that the impugned law reeks of manifest arbitrariness and ought to be struck down for gross violation of Article 14 of the Constitution for exclusion of identical practices by other religious communities, “without the same being founded on any intelligible differentia justifying the classification made by the impugned legislation”.

Petitioners also clarified the reason for such opposition against the Act on their part-

“That petitioners and persons like petitioners strongly believe that due to the restraint on sacrifice of animals and birds as mentioned in the religious texts of Hindu religion, for propitiation deities, the blessings from the deities are not properly conferred on them. The sacrifice is done for specified deities, as per the Texts.” 

Also, petitioners quoted extensively from the Bible and the Quran to justify the assertion that animal sacrifice is essential to various religions apart from the petitioner’s religion. 

However, the Kerala High Court relied upon the decision in Subhas Bhattacharjee v. State of Tripura by the Tripura High Court and concluded that the materials submitted by the petitioner are not forthcoming to establish that sacrificing animals and birds are essentials of their religion to drive home the case that impugned Act is interfering with Articles 25 and 26 of the Constitution. 

Senior Advocates V Giri and KV Vishwanathan along with Advocates K Parameshwar and A Karthik appeared on behalf of the petitioner and  Senior Advocate Krishnan Venugopal appeared on behalf of the respondent State.