Rajiv Sharma, J.

Since common questions of law and facts are involved in all these petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, for clarity sake, facts of CWPNo.5076/2012 have been taken into consideration.

CWP No. 5076/2012

2. Petitioner claims that she is working for animal rights for the past ten years through “People for Animals”, Kasauli as a State representative. The core issue raised in this petition is about the slaughtering of thousands of animals in the name of religious sacrifice held by devotees throughout the State of Himachal Pradesh. Petitioner has placed on record photographs of the animal sacrifice being performed. The State has not taken any effective steps to prevent the sacrifice of innocent animals. According to the petitioner, this practice is not in conformity with Article 51-A (h) of the Constitution of India. According to the petitioner, this practice is prevalent in Chamunda Devi temple in Kangra District, Hadimba Devi temple in Manali, Chamunda Nandi Keshwar Dham in Kangra, Malana in Kullu District, Dodra Kwar (Mahasu), Shikari Devi temple in Mandi District and Shri Bhima Kali Temple in Sarahan, Ani and Nirmand in Kullu District, Shilai in Sirmaur District and Chopal in Shimla District. Animals are beaten up mercilessly and dragged up to mountain slopes to meet their death. The scenic beauty of the religious places is not maintained. According to the petitioner, it takes 25minutes to kill a buffalo bull. At times, buffalo runs amuck to save itself. The animals are mercilessly beaten up and chilies are thrown into their eyes. Petitioner has laid great stress for improved scientific and rational thinking by the people, who are indulged in this practice. Petitioner has also filed representation before the Deputy Commissioner, Kullu requesting to prevent sacrifice of animals at Dhalpur Maidan, Kullu. The insensitivity of the administration was highlighted in the newspaper “The Times of India” dated 23.10.2010. The larger beneficiaries of this practice are priests and the Mandir Committee, animal breeders and designated butchers community of the temples. Petitioner has sought direction to the State to stop illegal animal slaughtering in the temples and public places. She has also sought direction to the Deputy Commissioners of all the District of Himachal Pradesh to ensure complete ban on animal sacrifices in temples and public places. An action is also sought to be taken against the persons, who are indulging in this practice.

3. Respondents No. 1 to 5 have filed detailed reply. It is averred in the reply that as intimated by Superintendent of Police, Mandi on the application of Mehar Singh for taking legal action against persons, who were scarifying buffalos’ calves in Kamshaha Temple on the eve of Ashtami and on the occasion of Sharad Navaratars, the local administration has stopped the evil for the last two years. The Superintendent of Police, Shimla has informed that in some temples under the jurisdiction of Police Stations, Rampur, Rohru, Kotkhai, Jhakri and Chirgaon, animals, i.e. sheep and goats are offered to the Devta by the people of local villages when their wishes are fulfilled. The meat is distributed amongst the people gathered for the occasion. The practice of sacrificing animals in the name of deity at Chamunda Devi temple in Kangra District was not prevalent. According to the report of Superintendent of Police, Sirmaur, sacrifice of animals in temples was not prevalent in Sirmaur District for the last many years. However, in Shillai area, goats and sheep are sacrificed during festival season. In some temples of Nirmand and Anni areas of Kullu District animal sacrifice is being done but this tradition has been reduced. “Bhunda” and “Shand” ceremonies are celebrated after a gap of about 25 to 30 years in which sacrifice of goats and sheep is carried out in mass scale by observing “Jhatka”. It is also stated in the r