Kerala Animals and Birds Sacrifices Proh

Q. Why is this in news?

A. The Supreme Court has agreed to examine the constitutional validity of the Kerala Animals and Birds Sacrifices Prohibition Act of 1968 that prohibits sacrifice of animals and birds in temples to ‘please’ the deity.

Q. What’s the issue and appellant stand?

• An appeal is filed in the Supreme Court by P.E. Gopalakrishnan and others who are Shakthi worshippers, and for whom, animal sacrifice is an integral part of the worship.
• In their appeal, they said animal sacrifice was an “essential religious practice”.
• But, the 1968 State law bans killing of animals and birds for religious sacrifices. 

However, the act does not ban killing for personal consumption.

• This amounted to arbitrary classification and is violative of Article 14 of the Constitution.
• It also violates the right to practice religion and manage religious affairs under articles 25 and 26 of the Constitution.
• The appellants said if killing of animals and birds was to be prohibited, let it be so for all purposes - religious or otherwise.
• Besides, Section 28 of the Prevention of Cruelty to Animals, 1960 does not make killing of animals for religious purposes an offence. 

Q. What had the High Court said?

• Recently, the Kerala High Court had dismissed the PIL on the ground that no material was brought on record to establish that the practice was essential to the religion.
• The High Court had observed that the Prevention of Cruelty Act does not have the word “sacrifice” for the purpose of religion.

Q. Why did SC interfere?

• The 1968 Kerala law bans the killing of animals and birds for religious sacrifices but not for personal consumption. This amounted to arbitrary classification.

Q. What are Legal safeguards available for animals?

• In 1976, the 42nd amendment incorporated protection of wildlife and forests in the Directive Principles.
• It also included forests and protection of wild animals in the Concurrent List of the constitution.
• Article 48 A, mandate that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Article 51 A (g) of the Constitution states that, it shall be the fundamental duty of every citizen to protect and improve the natural environment including forests and Wildlife.
• According to the Twelfth Schedule of Indian constitution, Municipalities may undertake certain duties pertaining to the regulation of slaughterhouses and tanneries.