Ban On Animal Sacrifice By Tripura High Court – An Analysis

Growth of law is very necessary. It grows and develops with the society. The law is required to cover the upcoming problem of society. In the growth of laws, our judiciary plays a very important role. Such a major judgment is given by Tripura’s High court. A division bench of chief justice Sanjay Karol and justice Arindam Lodh pronounced the judgment after hearing a public interest litigation, filed by a retired judicial officer, Subhas Bhattacharjee, against the practice of sacrifice of animals in temples. The judges said: “No person including the state shall be allowed to sacrifice of any animal or bird within the precincts of any of the temples within the state of Tripura.

Anyone of the devotes desirous of offering any animal out of personal faith, belief or desire, may do so, but shall take back the animal and under no circumstance, any activity of animal sacrifice shall be permitted to be carried out.”

Animals have fundamental right to life under Article 25(1) of Indian constitution. Article 25(1) says that “Freedom of conscience and free profession practice and propagation of religion subject to the public order, morality and health and to the other provisions of this part, all person are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.” And the judiciary needs to enforce it hardly which they did. As it is a custom of Mata Tripureswari temple which have been started as a merger agreement between Maharaja and the Indian dominion. But those custom which is not scientifically proven need not to prevail over law. It is the place ( in Gomti district) where international tourist and people of all beliefs and faiths are likely to visit in large numbers. And if they all see this “Bali”, it can create a negative impact on their mind about the Indian civilization. This ban on animal sacrifice is a very big initiative by the Tripura High court. For maintaining check and balance over it they ordered all the DMs and SPs to implement it on very strict way.

CCTVs were set up on temples and the footage was tabbed on a monthly basis. This inhuman religious practice of animal sacrifices have a bad impact on the psyche of children. A child witnessing continuous violence towards animals cannot grow moral values of showing an act of love, care and kindness towards animals. Sacrifices of animals creates a harsh effect on eyes and mainly on mind of soft hearted human being. The sacrifices of animals is not written in any religious books. God also believes in love and kindness. Although animals are also the beautiful creation of almighty. To kill anyone is the power of human being. It is the power of God. And if any person use this power he/she used it against the will of God. But stopping sacrifice there will be no change in religious practice. If the substratum of the ritual of animal sacrifice is taken away, the ceremony of performance of puja cannot be said to have been defield.

The age-long practice of sacrifice of animal, either by the state or by an individual, cannot be said to be an essential part of the religion and as such, it is not protected under Article 25(1) for it being against the principle/doctrine of morality and health, and also the provisions of the prevention of cruelty to Animal act 1960. The government of Tripura, everyday one goat is being sacrificed and on special occasions substantial numbers of animals are being sacrificed as “Bali” by general public. Such animals are buffalos, goats, pigeons etc. and orally argued that the Chatur Das Devta Temple, there are such offering by the state on particular days of month. For preventing themselves right the state is going to appeal on supreme court. They have forgotten Article 48 of Directive Principles Of State Policy which states that “The state shall endeavor to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle.” According to a research by Dr Madan Mohan Bajaj the concentrated creation of pain and fear caused by non-stop killing of animals, birds and fish is what creates earthquakes. This theory is known as pain wave theory. Einstein pain wave theory says that pain waves build up pressure over a period of time and then, when they reach the flash point, leads to the breaking of earth crust.

I think that by banning on animal sacrifices India starts moving towards a better future. A future where children knows about the love, affection and kindness towards animals. A future where religious practice free from the animal sacrifice. Indian judiciary have done their job well and its state’s duty to make legislative law on banning of animal sacrifice. And its our responsibility to think logically before accepting such customs. And according to time changes our practices. The practice which endangered any species from earth are to be dissolved. This can make human to feel as human. For ecological balance there is a need of every species which are created by God. God made us and only God can destroy us.

This article is authored by Prasenjeet Kumar, student of B.A.LL.B. at Central University of South Bihar.

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