The main legal point established in the judgment is that the sacrifice of animals must not subject them to unnecessary pain or suffering, and activities that violate animal welfare laws can be challenged through Public Interest Litigation.

Alok Aradhe, J.

1. Petitioner is a society which is involved in the work of welfare of animals and birds, has approached this Court by filing the instant petition as Public Interest Litigation in which a direction is sought to Respondent Nos. 1 to 6 to prevent slaughter of the animals in contravention of the provisions of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as 'the Act'). The Petitioner has prayed for issue of a writ of prohibition to the Respondents to prevent and stop slaughter of animals in the temple, namely, 'Shiv Baba Mandir' situate at Village Gambhirpura, Khandwa immediately and to take measures to prevent illegal felling of trees. The Petitioner has also prayed for a direction to the Respondents to prevent manufacture, sale and consumption of illicit liquor in the vicinity of the temple.

2. Brief facts necessary to decide the controversy involved in the instant petition are that a temple which is known as 'Shiv Baba Mandir', is situate in Village Gambhirpura, Tehsil Nepanagar, District Khandwa. The disciples of aforesaid temple have got published a booklet (Annexure P-l) in which it is mentioned that 'Mela' is organized between 'Basant Panchmi' to Purnima'. The aforesaid booklet further provides that any person on fulfilment of his wish or desire, can offer fruits, grains and sweets to the deity. However, some persons having vested interest, have developed a blind belief amongst the devotees and public in general that by sacrifice of goats and sheep, deity can be pleased and their wishes and desires can be fulfilled by offering sacrifice of such animals. It is further averred in the writ petition that people visiting the temple, sacrifice goats and sheep by slaughtering them brutally. It is pleaded that when the animal is sacrificed, one of the legs of the animal is cut and then its head is also half-cut as a result of which the blood oozes out from the body of the animal and is spread in the premises of the temple. Thereafter the head of that animal is chopped off and it's body is handed over to the devotee, who after cutting it into pieces, cooks the same in the premises of the temple. In order to cook the sacrificed animal, wood is cut illegally from the forest surrounding the temple.

3. Slaughter of animals in such brutal manner results in environment pollution and is a potent threat to forests which adjoin the temple, which are being destroyed on account of illegal felling of trees. It is further alleged that in order to facilitate consumption of meat in large quantity, illicit liquor is sold in the premises of the temple. It has been pointed out that between the period from 13-2-2002 till 28-2-2002, 35,000 animals were sacrificed. In the aforesaid factual backdrop, Petitioner has sought the reliefs as stated supra.

4. Respondent Nos. 1 to 6 have filed return in which inter alia it is pleaded that Parliament has enacted Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as the 'Act' for sake of brevity). Section 28 of the Act carves out an exception and provides that nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community. It is, therefore, beyond the powers of the State Government to stop outright sacrifice of the animals, which is done in the manner required by the religion of Banjara community. It has further been averred that efforts are made to discard the practice of sacrifice of animals which is performed within the premises of temple; but since same relates to religion the Respondents are slow in interfering with the matter. It has further been pleaded that there are ample provisions under Excise Act, 1915 to prevent the menace of sale and consumption of illicit liquor. It has also been pleaded that there are sufficient provisions in the law enacted by Legislature to deal with the offender involved in the illegal felling of trees. The Petitioner is not entitled to any relief as p