The Calcutta High Court ordered the State Authorities to ensure that the Puja Committee of Bolla Kali Temple does not encourage mass sacrifice of animals and also convince people to desist from such mass sacrifice. In light of the fact that the festivities started on November 22, 2024, the Court also directed that if at all sacrifice is done, it should be done in the licensed premises and no other area. The High Court was considering two writ petitions where the petitioners sought for appropriate direction to ensure that no illegal slaughtering of animal takes place in the State of West Bengal (either in the name of God or otherwise) and no animal slaughter takes place in West Bengal for any other purpose apart from serving of food to mankind.
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NEW DELHI: The Calcutta High Court directed the State Authorities to ensure that the Puja Committee of the Bolla Kali Temple refrains from promoting or conducting mass animal sacrifices.
The Court also mandated efforts to “convince people to desist from such mass sacrifice.” This order comes against the backdrop of the Kali Puja celebrations that began on November 22, 2024.
Additionally, the Court specified that if animal sacrifices are to take place, they must be conducted solely within licensed premises and strictly adhere to legal provisions.
The ruling was in response to two writ petitions filed to prevent illegal animal slaughter in West Bengal. The petitions sought the Court’s intervention to ensure compliance with existing laws, such as the Prevention of Cruelty to Animals Act, 1960, and various rules like the Prevention of Cruelty to Animals (Slaughterhouse) Rules, 2000, the Transport of Animal Rules, 1978, and the West Bengal Animal Slaughter Control Act, 1950.
The petitioners also sought strict action against practices of animal sacrifice under the guise of religious rituals.
Key Observations by the Court
A Division Bench, comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya, highlighted the importance of adhering to the legal framework. The Court emphasized,
“In this regard, we note the relevant Rules of law of the Prevention of Cruelty to Animals (Slaughterhouse) Rules 2000 and in terms of Rule 3 (1), no person shall slaughter any animal in municipal area except the area recognized by the concerned committee empowered under the law for the time being in force to do so apart from the other conditions which have been complied with by the slaughterhouse.”
The petitioners, represented by Advocate Vinay Shraff, sought the withdrawal of a letter by the Animal Welfare Board of India addressed to the Director General of Police, West Bengal, which declared animal sacrifices permissible under Section 28 of the Prevention of Cruelty to Animals Act. They argued that this letter enabled widespread sacrifices in 2022, where over 10,000 animals were slaughtered at the Bolla Kali Temple in a manner described as “gruesome and barbaric.”
Past Violations and Current Compliance
Referring to an earlier order issued by the Court in 2023, the Bench noted that mass animal sacrifices were carried out in December of that year in blatant violation of judicial directives. The Deputy Superintendent of Police, Dakshin Dinajpur, had filed an affidavit acknowledging that these sacrifices were conducted with the active participation of the Puja Committee members.
The Bench stated,
“Therefore, this Court keeps it open to initiate appropriate proceedings and examine as to whether the Committee members acted in violation of the order passed by this Court on December 1, 2023.”
The Court also addressed concerns regarding preparations for mass animal sacrifices during this year’s celebrations. The Bench took into account the Minutes of a Meeting dated November 6, 2024, where Puja Committee members explicitly agreed that no mass sacrifices would take place. The Court emphasized,
“Thus, the Committee members having agreed to certain conditions which have been reduced in writing in the form of Minutes drawn on 6.11.2024, they are bound to comply with the same without any default.”
Puja Committee’s Stand
Advocates representing the Puja Committee informed the Court that while sacrifices were part of a centuries-old ritual, these would now be conducted at designated and licensed locations. They assured the Court that there would be no mass sacrifices, in compliance with legal and procedural mandates.
The Bench further observed:
“Nonetheless the Rules are comprehensive Rules which need to be followed, and the licence is granted in terms of the said Rules apart from the relevant Rules framed by the State of West Bengal. Over and above all, the Committee members have agreed to ensure that no mass sacrifice will be done, which has been recorded in the Minutes dated 6.11.2024.”
Court’s Final Directive
In its concluding remarks, the Court directed the Puja Committee to strictly adhere to the resolutions outlined in the November 6 meeting. It mandated,
“…also ensure that no mass sacrifice is done and if at all sacrifice is done, it should be done in the licensed premises and no other area. The authority of the State shall also ensure that the Puja Committee does not encourage mass sacrifice and also convince people to desist from such mass sacrifice.”
Furthermore, the Court instructed the respondents to file their affidavit in opposition within eight weeks to address the broader issues raised in the petitions.
Conclusion
This judgment underscores the judiciary’s commitment to upholding animal welfare laws while balancing the sensitivities of religious practices.
By emphasizing strict compliance with legal provisions and engaging with local authorities, the Court has sought to curtail practices that violate humane standards, setting a precedent for future instances of such disputes.
CASE TITLE:
Akhil Bharat Krishi Go Seva Sangh Vs. The State of West Bengal & Ors [Case No. W.P.A.(P) 433 of 2024]
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