Madras High Court delivers split verdict on animal sacrifice at Thiruparankundram Hill

The Madras High Court on Tuesday delivered a split verdict on pleas challenging the performance of animal sacrifice at the Sikkandar Badhusha Dargah situated at the Thiruparakundram Hills [M. Kannan @ Solai Kannan v. The District Collector and Others]..The Division Bench of Justice J Nisha Banu and Justice S Srimathy differed on key issues, including the permissibility of animal sacrifice by the Sikkandar Badhusha Dargah and the usage of the term “Sikkandar Malai” for the hill.While Justice Nisha Banu rejected the plea to ban animal sacrifice and Muslim congregations on the hill, Justice Srimathy directed the Dargah to approach the civil court to prove its right to perform Kandoori animal sacrifice and conduct prayers during Ramzan, Bakrid and other Islamic festivals..The Court was hearing of a batch of six petitions pertaining to the hill in question. The petitioners, including members of Hindu and Jain organizations, had sought directions to ban animal sacrifice, restrict religious gatherings near the Arulmigu Subramaniya Swamy Temple and to declare the hill as “Samanar Kundru” citing Jain heritage..Justice Nisha Banu observed that animal sacrifices were not unique to the Dargah and cited similar practices in nearby Hindu temples and cautioned against communalising religious customs that have coexisted peacefully for decades."Given that ritual animal sacrifices are traditionally performed in multiple Hindu temples across the Madurai region, a blanket prohibition would amount to discriminatory enforcement. Animal Sacrifice, being an established religious practice, is observed not only in the Dargah but also in several Hindu Temples across the country, and therefore the same cannot be selectively banned. The counter affidavit filed by the District Collector also corroborates this position," she noted.She added that Article 25 of the Constitution protects the right to religious practices, including animal sacrifice, which can only be restricted by law under Article 25(2); in its absence, courts cannot intervene in rituals integral to religion, including those related to food, dress, or worship, she said."Rituals, observances, ceremonies and mode of worship are regarded as integral parts of religion, which will even extend to matters of food and dress and no outside authority has any jurisdiction to interfere with such practices,” Justice Banu said..However, Justice S Srimathy differed. She noted that if the Dargah had been practising animal sacrifice since time immemorial, there would be evidence to substantiate the claim; however, no such evidence was placed on record."Interestingly it is seen that there is no meat stall in Sannadhi Street, around 300 meters from the temple there is no meat stall, there is no broiler chicken stall for more than 300 meters. In fact most of the marriage halls in Thiruparankundram do not allow non vegetarian cooking at all. All these facts state how the devotees protect the holiness of the Thiruparankundram Hill and the Subramaniya Swamy Temple," she added..She criticized a pamphlet promoting the slaughter of goats and chickens at the Sikkandar Dargah, describing it as clearly provocative and intended to cause mischief, and instructed the authorities to initiate appropriate action."This Court is of the considered opinion that the pamphlet stating slaughtering of goat and chicken in Sikkandar Dargah is definitely mischievous and malicious. The same would clearly lead to communal disharmony. Further the people who came to dargah with the malicious pamphlet had painted the Jain caves in green paints. Also the sign boards stating “Way to Kasi Viswanathar Temple” was also painted with green paints. These acts are carried on by the people who issued the malicious pamphlet is highly condemnable. The official respondents are directed to take action against the persons involved in such malicious act," she ordered..Justice S Srimathy also issued a set of directions concerning the status and usage of Thiruparankundram Hill. She held that the hill shall continue to be identified solely as "Thiruparankundram Hill" and should not be referred to by any other names, including "Sikkandar Malai" or "Samanar Kundru".The Court further directed that all forms of quarrying activity on the hill are strictly prohibited for preserving its integrity and religious significance.In relation to religious practices, the Dargah was instructed to approach the civil court to establish, with evidence, whether the customs of Kandoori animal sacrifice and prayers during Ramzan, Bakrid, and other Islamic festivals were in existence prior to the year 1920. Until such proof is furnished and recognised by a competent court, those practices cannot be deemed established. However, the Dargah was permitted to continue with the Santhanakoodu festival.Addressing the issue of electricity supply, the judge noted that as entry to both the Kasi Viswanathar Temple and the Sikkandar Dargah is prohibited after 6 PM, there was no requirement for providing power connection to either site during the night.Since the Court delivered a split verdict, the matter will now be placed before the Chief Justice for further directions..[Read Order]