Bombay High Court Rejects Plea for 9-Day Slaughterhouse Ban During Jain Festival

The Bombay High Court on Wednesday (20 August) ruled that there is no legal provision requiring slaughterhouses in Mumbai to remain shut for nine days during the Jain festival of Paryushan.

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne was hearing a petition filed by members of the Jain community. The petitioners had requested that all slaughterhouses be closed for the entire festival period, citing the community’s religious sentiments.

The Court, however, made it clear that such a closure cannot be ordered unless there is a specific law or rule mandating it. The bench remarked: “You are seeking Mandamus. For that, there has to be a mandate in law. Where is the law?”

The judges distinguished this case from the Supreme Court’s earlier ruling in the Hinsa Virodhak Sangh matter, where the Ahmedabad Municipal Corporation itself had decided to close slaughterhouses during the festival. In contrast, no such policy or rule exists in Mumbai.

Earlier, the Brihanmumbai Municipal Corporation (BMC) had initially allowed a one-day closure, but later issued an order on 14 August stating that slaughterhouses would remain closed on 24 August and 27 August (Ganesh Chaturthi). Dissatisfied, the petitioners sought a complete nine-day ban.

Advocates appearing for the Jain community argued that Mumbai has a larger Jain population compared to Ahmedabad, and that this aspect was ignored by the BMC. They also referred to historical instances, including Emperor Akbar’s directive on the issue.

The Court, however, reiterated that without legislative backing or a municipal resolution, it cannot direct such a ban. It suggested that the petitioners, if aggrieved, should challenge the BMC’s order directly rather than seek a blanket judicial directive.

The matter has now been adjourned for two weeks, with the petitioners allowed to amend their plea. The Court has also issued a notice to the BMC for its response.