Bombay HC Asks BMC To Reconsider One-Day Slaughterhouse Closure During Jain Festival 'Paryushan Parv', Warns Against Setting Broader Precedent

Mumbai: The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to reconsider its decision allowing closure of slaughterhouses for only one day during the Jain festival of Paryushan Parv, which emphasizes the principle of Ahimsa (non-violence). However, the court also raised concerns about whether such a direction could set a precedent for similar demands by other communities.

A division bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing PILs filed by Sheth Motishaw Lalbaug Jain Charities and Sheth Bherulalji Kanaiyalalji Kothari Religious Trust.

The petitioners challenged the BMC commissioner’s order dated August 30, 2024, which limited the slaughterhouse closure to a single day instead of the nine days observed during Paryushan. They also challenged similar decisions passed by the Pune and Nashik civic bodies.

The petitioners argued that permitting animal slaughter during the nine-day period violates Jain religious sentiments. Highlighting the significance of Ahimsa, they said slaughter during this sacred time would be “detrimental to the cause of Jainism”.

The court, however, was cautious about passing such directions. “It shouldn’t happen that tomorrow every other religion also makes similar demands. You (Jain community) will get an order for nine days for Paryushan Parv, and then some other community will come forward and seek similar orders for the Ganesh Chaturthi and Navratri festival,” the bench remarked.

Senior counsel Darius Khambata, representing the trust, submitted that last year, BMC justified the one-day closure stating Mumbai is a cosmopolitan city with many non-Jain residents whose staple diet includes meat. However, he pointed out that Pune and Nashik civic bodies had passed similar orders without assigning any reasons, and the Mira-Bhayandar Corporation did not issue any order at all.

The bench noted that slaughterhouse closures involve policy decisions and questioned the legal basis for enforcing a nine-day closure. “Under which statutory obligation should slaughterhouses be ordered to remain closed for nine days?” it asked.

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The Maharashtra government has already designated 15 ‘no-slaughter’ days annually. Paryushan Parv closures would be over and above those.

The HC directed the trust to make formal representations to all four municipal bodies—Mumbai, Pune, Nashik, and Mira-Bhayandar—who must consider and decide on the requests by August 18.