The Calcutta High Court has declined to issue any interim orders to prohibit the slaughter of goats at the ‘Bolla Kali Mata Temple’ in North Dinajpur during the ‘Bolla Kali Puja 2023′. This decision came in response to a Public Interest Litigation (PIL) that challenged the practice of animal sacrifice in the name of god in West Bengal, particularly seeking to prevent the proposed slaughter of 10,000 goats at the temple.
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The division bench, comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya, noted the petitioner’s highly belated approach to the court and the impracticality of implementing any effective interim directions at such a late stage. The bench stated,
“At this n-th hour, any effective interim direction cannot be passed and even assuming such orders are passed, the same cannot be implemented effectively. However, seeing the larger relief, we are inclined to admit the plea.”
The PIL, filed by the Reforms Social Welfare Foundation, argued for strict compliance with various statutes on the prevention of cruelty against animals, citing judgments by the Himachal Pradesh High Court and Tripura High Court, which had banned animal sacrifice in the respective states. These judgments are currently pending before the Supreme Court without any order of stay. The petitioner also referred to a law passed by the Kerala government preventing the sacrifice of animals and birds at religious arenas, which is similarly pending before the Supreme Court without a stay order.
Senior Standing Counsel for the State of West Bengal and Additional Solicitor General (ASG) Ashoke Chakraborty, representing the Union of India, expressed concerns about potential law and order issues arising from any last-minute court orders. The State counsel submitted,
“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.”
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An advocate representing the Akhil Bharatiya Krishi Gosewa Sangh argued that the goat sacrifice at the Bolla Kali Temple, being only a few hundred years old, could not be considered an Essential Religious Practice as interpreted by the Supreme Court.
In light of these submissions, the bench concurred with the senior advocates’ view and held that no interim orders could be passed at the present stage. The court directed the district machinery to ensure that directives on slaughter, such as the prevention of mass slaughter agreed upon by the temple committee, were implemented. The bench concluded,
“The district administration shall inform the committee members that the conditions, which have been imposed during the meeting, which was convened are not an empty formality but it is a responsibility of the members of the temple committee/puja committee to ensure that the conditions are followed in its letter and spirit. Since a larger relief is sought, we seek affidavits within 8 weeks from date. We’ll list the matter sometime in March.”
The case, titled Reforms Social Welfare Foundation & Anr v Union of India & ors, Case No: WPA(P) 592/2023, highlights the ongoing legal and ethical debate surrounding animal sacrifice in religious practices in India.