[Paryushan Parv] Gujarat HC Dismisses Plea Against Closure of Slaughterhouse During Jain Festival

Gujarat High Court Law insider

Sakina Tashrifwala

Published on: September 2, 2022 at 21:52 IST

A plea against the closure of slaughterhouse in Ahmedabad during the Jain festival of Paryushan Parv was dismissed by the Gujarat High Court on 30th August 2022, with single Justice Sandeep N Bhatt mentioning that it was a reasonable restriction only for two days, does not violate any fundamental rights”.

Owing to Paryushan Parv, a resolution for the closure of the only slaughterhouse in Ahmedabad was given approval by the standing committee of the civic body between August 24 and August 31, and associated festivities on September 5 and 9.

Petitioners Kul Hind Jamait-Al Quresh Action Committee represented by Danish Qureshi Raza Wala had challenged the resolution passed by the AMC standing committee dated 18 August, 2022.

Justice Sandeep N Bhatt stated that the resolutions passed by the municipal corporation are not considered violative of Articles 14, 19(1)(g) and 21 of the Constitution.

The petitioner while arguing the case, mentioned a previous case on the AMC in December 2021, where the Gujarat High Court had reminded them not to control the eating habits of people. On December 9, 2021, the Gujarat high court took stern measures against the AMC for seizing food stalls selling non-vegetarian food in the country.

A member of the bench during that time stated that, “How can you stop people from eating what they want? Suddenly because somebody in power thinks that this is what they want to do?”.

Nevertheless, the statement was rejected by the judge saying it was an oral remark and would not help the case.

Referring to a recent judgment made by the Punjab and Haryana High Court, where an order for closure of slaughterhouses for nine days owing to the Jain festival of Paryushan Parv was stayed, was also adduced by the petitioner.

On the previous hearing the Judge had passed an oral remark saying that “you can restrain yourself from one day or two days from eating.”

To which the petitioner appearing as party-in-person, submitted that, “…It is not about restraining, it’s about fundamental rights and we cannot imagine our country with even one minute of restraining our fundamental rights.”

“On other previous occasions, slaughterhouses were closed. Therefore, we came before this court if it passes an appropriate order, this process can be curbed for the rest of the time also.”

Subsequently, the Judge deemed this case meritless and therefore was dismissed by the Gujarat High Court.

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