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RIGHT TO LIFE AND PREVIOUS INTREPRETATIONS
The right to life in the Indian Constitution is enrshrined in Article 21 of the Indian Constitution. It mandates the right to live with dignity and over time it has included a panacea of rights under through a multitude of judgements like
FACTS, RULING AND RATIONALE BEHIND THE TRIPURA HIGH COURT JUDGEMENT
The Tripura High Court in an landamrk judgement banned the custom of animal sacrifices in the State provided that they are not an essential part of religion by asserting the fact that even animals have a right to life under Article 21. The judgment was given in Sri. Subhas Bhattacharjee vs. State of Tripura and others on 27th September, 2019.
SUBMISSIONS BY THE PETITIONER
The petitoner a retired judicial officer Subhas Bhattacharjee submitted the following before the Court
SUBMISSIONS BY THE STATE OF TRIPURA
CORE ISSUES
The core issues in the case before the Bench were
Regarding the applicablity of Article 21 to animals the Court held that
"Right to life, as has been held by the Apex Court in Animal Welfare Board of India Vs. A Nagaraja and Ors., (2014)7 SCC 547 [as affirmed in Chief Secretary to the Government, Chennai, Tamil Nadu and Ors Vs. Animal Welfare Board and Anr.,(2017) 2 SCC 144 (2 Judge)], now stands extended to all living beings, thus the expression person has to be read contextually."
Regarding whether animal sacrifice is a essential religious practice the Court after referring to the Landmamrk Sabrimala judgement and previous judgements on what constitues an essential religious practice held that
"Applying the principles culled out in Swamiar of Shirur Mutt, Sardar Syedna Taher, Tilkayet, Acharya Jagadishwarananda and Durgah Committee as examined and explained in Sabarimala (supra) (by Hon‘ble Dipak Mishra, CJI, as he then was, Hon‘ble R.F. Nariman, J and Hon‘ble D.Y. Chandrachud, J), it cannot be said that the practice of animal sacrifice is essential to the core of the tenets rituals, ceremonies, ceremonies, beliefs observances or the practice of religion within the temple of Mata Tripureswari or other temples managed by the State within the State of Tripura."
It again asserted that
"The ban on sacrifice of animal in Temples of Mata Tripureswari Devi Temple, Chaturdash Devata temple or any other temple either managed by the State or otherwise does not infringe the fundamental right as enshrined in Part III under Art 25(1) of the constitution for the reason that such practice is contrary to constitutional morality and health and this activity carried in the name of religion is not intended to be protected. The right of offering an animal for sacrifice is not an integral and essential part of the religion, protected under Article 25(1) of the Constitution. As such, no right of the freedom of professing any religion by the State can be said to have been violated"
Regarding Issue 2 the Court held that
"The age long practice of a sacrifice of animal, either by the State or by an individual, cannot be said to be an essential part of the religion and as such, is not protected under Article 25(1) for it being against the principle/doctrine of morality and health, as also provisions of the Prevention of Cruelty to Animal Act, 1960."
Finally regarding issue 3 the Court held that
''In our view, Constitutional values are to be embraced and not to be superseded by personal beliefs. Religious practice,not being an integral and essential part of religion cannot override the provisions, specifically Section 3 of Prevention of Cruelty to Animal Act and other provisions of Part III, Part IV and Part IVA of the Constitution. Section 28 of the Prevention Act merely makes killing for a religious purpose not a punishable crime and more so in the light of the Article 25 does not make it permissible to commit such acts in the temple. Section 28 of the Prevention Act has to be interpreted in the light of Article 21, 48, 48A, 51A(g), 51A(h) and 51(A)(i) of the Constitution.''
Thus the Tripura High Court in a landmark judgement upheld that even animals have a fundamental right to live under Article 21 of the Indian Constitution and issued guidlines to State of Tripura in this regard.
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