SUBHAS BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Court is called upon to answer the following questions: Whether act of the State in offering an animal for sacrifice in the Temples in Tripura, can be said to be a secular activity and as to whether prohibiting the same would infringe the Fundamental right, as envisaged under Article 25(1) of the Constitution of India? Whether the age long practice of 500 years of sacrificing animals, after stoppage of practice of human sacrifice, in Tripureswari Devi Temple, Udaipur, Gomati District, Tripura can be construed as an essential and integral part of religion, as protected under Article 25(1) of the Constitution of India? And as a corollary, Whether a religious practice based on a ritual, custom, tenet, tradition, not being an essential part of religion, can be allowed to continue notwithstanding the provisions of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as "the Prevention Act") and Article 21(Part - III) & Article 48, 48A and 51A(g) (Part IVA) of the Constitution of India? PETITIONER'S CONTENTION :

(2.) The instant petition filed by a retired judicial officer, in public interest, highlights the illegal practice of sacrifice of innocent animals, on the basis of a superstition, before the Goddess and other Gods and Goddesses and in particular, at two main temples i.e. Mata Tripureswari Devi Temple and Chatur Das Devata Temple, situate within the State of Tripura.

(3.) It is specifically pleaded that at Mata Tripureswari Devi Temple, under the patronage of district administration, Government of Tripura, every day one goat is being sacrificed and on special occasions substantial number of animals are being sacrificed as Bali(offering to the Goddess) by general public. Such animals are buffalos, goats, pigeons etc. and orally argued that at the Chatur Das Devata Temple, there are such offerings by the State on particular days of the month.