[BMC vs. Bombay HC] HC Denies To Stay BMC’s Slaughter Permission At Private Places On Bakri Eid

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Today, On 13th June, The Bombay High Court declined to halt the BMC’s authorization for slaughtering animals at private locations during Bakri Eid. This decision came as a bench of Justices MS Sonak and Kamal Khata reviewed a plea from Jiv Maitri Trust. The Trust, dedicated to animal and environmental welfare, challenged the BMC’s May 29 communication granting slaughter permissions.

Mumbai: The Bombay High Court refused to stay the permission granted by the Brihanmumbai Municipal Corporation (BMC) to 67 private shops and 47 municipal markets for slaughtering animals on the eve of Bakri Eid on June 17.

A bench of Justices MS Sonak and Kamal Khata hearing a plea filed by Jiv Maitri Trust, a non-profit organization working for the protection and welfare of animals and the environment.

The trust challenged the communication issued by the BMC on May 29, which allowed the permission for animal slaughtering.

The trust previously filed a petition in 2018, challenging the No Objection Certificate (NOC) granted by the BMC at the time for slaughtering animals outside the Deonar abattoir. The trust opposed the latest permission, contending that it violates several central acts, including the Food Safety and Standards (Licensing and Registering of Food Business) Regulations, the Environment (Protection) Act, and the Prevention of Cruelty to Animals Act.

The petitioners’ advocate argued that the BMC’s policy prohibits slaughtering at public places, such as bus stops and airports. However, the May 29 communication allowed slaughtering at mutton shops, including those near airports, even though these shops not mentioned in the policy. Additionally, the policy requires obtaining BMC’s permission through a notice 30 days in advance.

The advocate asserted that the communication contravened the BMC policy. In contrast, the Corporation’s counsel, Milind Sathe, argued

“Such petitions were usually submitted just 2-3 days before festivals. Only 67 private shops and 47 municipal markets were granted permission, and this approval was limited to June 17, 18, and 19.”

Sathe stated,

“Such permission has been granted in the past as well.”

Advocate Mubin Solkar, representing the proposed intervenors, added,

“This relief is sought every year on the eve of the festival.” When Solkar argued, “It is our fundamental right to slaughter,”

The petitioners’ advocate responded,

“The animals have rights too.”

The bench, in its order, stated,

“Earlier high court orders have noted that there is a mechanism in place to lodge complaints in case of any policy violations.”

The bench further mentioned,

“The petitioner did not amend the petition to challenge the May 29 communication. Without amending and challenging the communication, it is not appropriate to seek interim relief.”

This ruling highlights the ongoing debate and legal considerations surrounding religious practices and animal rights, balancing the community’s traditions with regulatory policies.

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