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PIL seeking ban on slaughter of animals as part of religious sacrifice rejected by Jammu and Kashmir High Court

The petition by a Hindu pujari also challenged the Constitutional validity of Section 28 of the Prevention of Cruelty to Animals Act, 1960.

Section 28 provides that nothing contained in the Act shall render it an offence to kill the animals in a manner required by the religion or any community.

Chand stated in his plea that the religion of Islam does not prescribe any form of animal sacrifice and the same is a cruel age old practice that has arisen out of the misinterpretation of the texts of Islamic faith.

Not only qurbani but any other form of accepted cruelty to animals is beyond the imagination of a civilized society and the same is constitutionally abhorrent and requires to be banned, plea added.

The Court noted that Section 28 is a saving provision and its object is to exempt from criminalisation, killing of animals for religious purposes.

It is a policy decision as per the wisdom of the lawmakers and is beyond judicial review, the Court said.

“The said provision in no way offends the provisions of the Constitution so as to declare it to be unconstitutional rather, it is in aid of the object for which the aforesaid Act has been enacted,” the Court said.

Source: Barandbench

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