SC dismisses plea challenging PCA Act provision that allows killing of animals for religious purposes

A bench of Chief Justice DY Chandrachud and Justice P S Narasimha noted that there was a delay of 358 days in filing the appeal against an Allahabad High Court order of 2017

New Delhi: The Supreme Court on Friday dismissed a plea challenging the constitutional validity of a provision of the Prevention of Cruelty to Animals Act that allows any animal to be killed for religious purposes.

The petition argued that after insertion of Article 51-A to the Constitution, Section 28 of Prevention of Cruelty to Animals Act, 1960 cannot continue in as much as every citizen is under constitutional obligation to have compassion for living creatures.

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It sought directions to stop animal sacrifice in name of religion.

A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha noted that there was a delay of 358 days in filing the appeal against an Allahabad High Court order of 2017.

“There is a delay of 358 days in filing the Special Leave Petition which has not been explained satisfactorily. Hence, without expressing any opinion on the question of law raised, the Special Leave Petition is dismissed on the ground of delay,” the bench said.

Senior advocate Hari Sahankar Jain appeared for petitioner Gopeshwar Goshala Samiti.
The top court was hearing the appeal filed against the Allahabad high court order which had dismissed the Samiti’s plea in 2017.

The plea said that sacrificing of animals in a most inhuman manner is against decency, morality and against public interest as also in violation of the Principles underline Article 51-A(g) and (h) of the Constitution.

“It is submitted that slaughtering of animals on Bakri Eid day including camels or for any other religious purposes by any member of any community be banned and respondents may be directed to ensure that nobody is allowed to sacrifice any animal on Bakri Eid day or for any other purpose or for any religious purposes at any place and the provisions of the PCA and rules made there under be directed to be implemented in letter and spirit,” the plea said.