'Unhealthy, Unscientific & Deleterious Practices To Be Prevented, Even If Done In Name Of Religion': Kerala High Court On Animal Sacrifice

The Kerala High Court recently observed that all unhealthy, unscientific and deleterious practices are to be prevented, even if the same has been done in the name of religion. Relying upon various precedents on 'essential religious practices', the court observed, "Going by the precedents and on a proper understanding of the rights under Article 25 and the liberty guaranteed under Article 21, the contention that, animal sacrifice being an essential and integral part of the 8th respondent's religious belief and practice, cannot be interfered with even if it causes nuisance to others, has to be rejected. Addressing the argument that the place where the animals were sacrificed was a Devasthanam, and not a temple, and hence, the prohibition under the Kerala Animals and Birds Sacrifices Prohibition Act, 1968 would not apply, the court perused Section 2 of the Act which defines temple, and noted that a place used for public religious worship, by whatever designation known, would be a temple if it is dedicated to or used by the Hindu community, or by any section thereof. As such, the prohibition under Section 3 of the Kerala Animals and Birds Sacrifices Prohibition Act would apply and contravention would invite the penalty prescribed under Section 6 of the Act," the Court observed. The Station House Officer shall conduct an inquiry and if slaughter of animals and birds is taking place in the precincts of the 8th respondent's building, appropriate action under the Kerala Animals and Birds Sacrifices Prohibition Act shall be taken; and 3.