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A plea filed in the Supreme Court against the Kerala HC order justifyingthe constitutional validity ofKerala Animals and Bird Sacrifices Prohibition Act, 1968

Team SoOLEGAL 26 Jun 2020 4:22pm

A plea filed in the Supreme Court against the Kerala HC order justifyingthe constitutional validity ofKerala Animals and Bird Sacrifices Prohibition Act, 1968

A plea has been filed in the Supreme Court of India against the order of Kerala High Court upholding the Constitutional validity of the Kerala Animals and Bird Sacrifices Prohibition Act, 1968.

A Kerala HC bench comprising of Chief Justice S. Manikumar and Justice Shaji P. Chaly had observed that no records can be found with regard to which religious group is required to kill an animal, to propitiate, if not for the purpose of consumption, as a religion mandate, under Hindu or any other religion.

In the present appeal the petitioner being a Shakthi worshipper has stated that animal sacrifice is an integral part of his religion and the High Court has infringed upon his fundamental right as per Article 25(1) of the Constitution of India. He further said that with regard to the HC’s order he is unable to give any offering to his deity therefore he may suffer the “wrath of Devi”.

Furthermore, the petitioner has stated that the classification under the Act is arbitrary and violates Article-14 of the Indian Constitution as under the said Act, the killing of any animals for appeasing any deity is forbidden but the same is not forbidden if the killing is done for the purpose of consumption, even in the temple precincts.

Also, an argument has been made by the petitioner with regard to the Prevention of Cruelty to Animals Act, 1960 which is a central legislation. The petitioner has stated that the said legislation allows an exemption with regard to killing of animals for religious purposes but the Kerala Animals and Bird Sacrifices Prohibition Act, 1968 negates the same, thus nullifying the provision of the central legislation. 



Tagged: Supreme Court   Kerala HC   Chief Justice S. Manikumar   Justice Shaji P. Chaly   fundamental right   Prevention of Cruelty to Animals Act   Indian Constitution  
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