BANARASI Vs. ABDUL GHANI ALIAS RIGAI

JUDGEMENT

(1.) This second appeal is directed against the impugned judgment of the lower appellate court dated 26-8-1985 Arising out of Civil Suit No. 554 of 1984.

(2.) I have heard Shri B. K. Srivastava, learned Counsel for the Appellant and Shri S. U. Khan, learned Counsel for the opposite parties.

(3.) In my opinion the plaint of the case discloses no legal cause of action. It is alleged in the plaint that the Plaintiff is a resident of village Baddopur, Pargana Anguli, Tahsil Shahganj, district Jaunpur and the majority of people there are Hindus whereis Muslims are in minority. It is alleged in para 3 of the plaint that since a long time the Hindus have been believers of non-violence and this belief is connected with their religious feelings. In para 4 of the plaint it is alleged that the people of the village do not kill animals except that on the occasion of Bakrid the Muslims slaughter goats. Since goats have .been slaughtered by Muslims since a long time no one has objection to the same. In paras 5 and 6 of the plaint it is further alleged that on 4-9-1985 the Defendant brought 8 buffaloes for slaughter which is against the tenets of the Hindu religion as the buffalo is supposed to be the conveyance of Yamraj the God of death. The killing of baffaloes is likely to create communal feelings within the village and may cause tension. In para 6 of the plaint it is alleged that the act of the Respondents is also barred by the provisions of the Prevention of Cruelty to Animals Act and is also punishable under the provisions of the Indian Penal Code. In para 7 it is alleged that slaughter of baffaloes is against the beliefs and rites of all religions. When the Defendants did not agree to desist from slaughtering buffaloes on Bakrid a suit was filed before the trial court. The trial court and lower appellate court have dismissed the suit and hence this appeal in this Court. In my opinion it is open to the Defendants-Respondents or any other persons to slaughter buffaloes or any other animals on any day they wish unless there is a law prohibiting the same. The slaughter of cows and bulls is prohibited under the U.P. Prevention of Cow Slaughter Act and hence it would be illegal to slaughter the animals mentioned in the said Act. There is also a Wildlife (Protection) Act against killing of certain wild animals. However, there is no law prohibiting slaughter of buffaloes. Hence it is open to any citizen of India to slaughter any kind of animals except where there is a law against the same. There may be a law made by the Municipality or Zila Parishad or other local body specifying the place of slaughter and making other regulations for sanitation, hygiene and health. There may also be a rale or regulation that the slaughter should not take place within a certain distance of any place of worship. This is a matter to be regulated by appropriate law, rules or bye-laws of the legislature of local body, and as long as these rules or regulations are not violative of provisions of the Constitution (or the parent Act) they have to be complied with. However, apart from that there can be no restriction on slaughter of buffaloes pr other animals, This is a free and democratic country and the time has come that the people of the country must give up backwardness and feudual thinking and must develop a mind with a scientific temper, as is also the mandate of Article 51A(h) of the Constitution which lays down the fundamental duty to develop scientific temper, humanism and the spirit of inquiry and reforms. Under Article 25 of the Constitution every person has a fundamental right to freely practice his religion, but this does not mean that one can force his religious views on others. If the Plaintiff or others do not wish to kill animals or eat them and they believe that non-violence is part of their religion they are free to do so. However, they cannot prevent others from killing and eating animals as long as there is no legal prohibition.