Court petition to suspend meat production facilities for nine days during the Jain festival in Bombay High Court

The Bombay High Court has reiterated that there is no law mandating the closure of slaughterhouses for nine days during the Jain festival of Paryushan Parv. The observation was made by a Bench of Chief Justice Alok Aradhe and Justice Sandeep Marne during a hearing of a writ petition filed by Jain petitioners.

The Court's decision comes after the Brihanmumbai Municipal Corporation (BMC) initially allowed only a one-day closure during Paryushan. The Court had previously directed the BMC to consider the community's representation, but the corporation later extended the closure to two days, August 24 and August 27.

The petitioners, however, returned to court, insisting on a full nine-day closure for the duration of the festival, which begins today. The Court maintained that it cannot issue a writ of Mandamus to any State authority as there is no law or rule stating that slaughterhouses must be closed during the Jain festival.

Advocate Abhinav Chandrachud argued that a closure of slaughterhouses during Paryushan is not unconstitutional and does not violate fundamental rights. However, Senior Advocate Prasad Dhakephalkar contended that the BMC had disproportionately considered the preferences of the non-vegetarian population.

The Court pointed out that the present case is different from the Hinsa Virodhak Sangh case, where the Supreme Court upheld a decision of the Ahmedabad Municipal Corporation to close down slaughterhouses during the Jain festival. The Court maintained that the Ahmedabad case involved a decision taken by the municipal corporation itself, not one imposed by judicial direction by a court.

Prasad Dhakephalkar also pointed out that Emperor Akbar had issued a fatwa prohibiting slaughter during Paryushan. The matter was adjourned for two weeks to allow time for the petitioner to amend the plea, if they believe the BMC's decision was made without considering relevant facts or applying its mind.

The Mumbai government justified the nine-day battle operation during Paryushan Parv as necessary to maintain public order and ensure communal harmony. The plea does not extend to fish or seafood. The Court suggested that if the petitioners believe the BMC's decision was made without considering relevant facts or applying its mind, they should amend the plea to challenge that order.

The Court reiterated that there must be an underlying law for the Court to intervene. The Bombay High Court has stated that there is no law mandating the closure of slaughterhouses for nine days during the Jain festival of Paryushan Parv. The Court issued notice to the BMC, but a final decision is yet to be made.