Judges deliver split verdict on animal sacrifice, name of hill

Time of India

7 hours ago

Madurai: A division bench of
Madras high court
ended up delivering a split verdict on a batch of PILs raising partisan issues like calling Thirupparankundram hills as Sikandar hill, permitting animal sacrifice atop the hill where Sikandar Dargah is situated and the third one demanding that the hill be named Samanar (Jain) Malai.
While J Nisha Banu permitted animal sacrifice in front of Sikandar Dargah atop Thiruparankundram hills, Justice S Srimathy banned it saying such a religious practice at the site since time immemorial has no proof. After delivering the dissenting verdict on Tuesday, the judges referred the case to the chief justice to nominate a third judge for a tie-breaker verdict. In her order, Justice Nisha Banu observed that the Thiruparankundram hill houses the ancient Subramaniya Swamy Temple, the Sikandar Badusha Dargah, and also Jain temples.
She observed that the hill houses the ancient Subramaniya Swamy Temple, one of the six abodes of Lord Murugan, the Sikandar Badusha Dargah, a smaller Muslim shrine and also Jain temples.
Making it clear that she was not inclined to interfere with the interfaith peace and amity, she said it is necessary to safeguard the secular coexistence and uphold the spirit of religious tolerance and unity among the people of the state.
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Pointing out that the ritual animal sacrifices are traditionally performed in multiple Hindu temples across Madurai region, Justice Nisha Banu said 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," she said.
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It is evident that the animal sacrifice in the dargah located atop the Thiruparankundram hill has been prevalent as a religious practice from time immemorial practices not only by Muslims but also by other communities as well. "It is also pertinent to note that the Tamil Nadu Animals and Birds Sacrifices Prohibition Act, 1950 was repealed in 2004 by Tamil Nadu Act 20 of 2004. As on date, there is no statutory bar against the traditional practice of animal sacrifice at religious places in Tamil Nadu.
Moreover, the Dargah is located on the southern side peak of the Thiruparankundram hill, while the Subramaniya Swamy Temple and Kasi Viswanathar Temple are situated at different locations. Thus, no religious practices of one community impinge upon the sacred spaces of another," Justice Nisha Banu observed.
"In order to maintain public peace, harmony and tranquility, the authorities concerned shall take firm and immediate steps against persons/organisations who attempt to disrupt the same," directed Justice Nisha Banu, dismissing all the petitions.
However, taking a dissenting view, Justice Srimathy observed that had the dargah been following the practice of animal sacrifice since time immemorial there would be some evidence to prove the same.
"The dargah had not produced any evidence," she said.
The judge observed that it is seen that there is no meat stall in Sannadhi Street, around 300 meters from the temple. 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 said.
Decrying a pamphlet stating slaughtering of goat and chicken in Sikkandar dargah, she said it was definitely mischievous and malicious. Directing the authorities to take actions against the persons involved in the malicious act, Justice Srimathi asked the Sikkandar Dargah to approach the appropriate civil court to establish animal sacrifice practice.
Justice Srimathy directed that the hill shall continue to be called as the Thiruparankundram hill alone and the hill shall not be called either Sikkandar Malai or Samanar Kundru. Prohibiting quarrying of the hill, she said since nobody is allowed after 6pm to Kasi Viswanathar Temple and Sikkandar Dargah, electricity connection is not necessary. The hill would be damaged if road, drinking water supply and toilet are granted, hence the same shall not be granted, she ruled.