The Bombay High Court has allowed the centuries-old tradition of animal slaughter for Bakrid and Urs at a dargah located within the premises of the Vishalgad Fort in Maharashtra’s Kolhapur district.

The verdict came after the court clarified the difference between a ‘protected area’ and a ‘protected monument’ and termed the state government’s decision to ban the practice as “absurd”.

A bench of Justices BP Colabawala and Firdous Pooniwala heard a batch of petitions challenging various directions of the Director of Archaeology and Museums, Mumbai, Superintendent of Police, Kolhapur, and CEO of the Zilla Parishad, Kolhapur, banning the slaughter of animals and birds at Vishalgad.

Government advocates SD Vyas and YD Patil, appearing for the state, argued that such interactions were in consonance with the provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act and Rules, which prohibit cooking and consumption of food inside protected monuments unless permitted by authorised authorities.

He stressed that animal slaughter would ultimately impact food consumption, making it a prohibited activity.

However, petitioner Hazrat Peer Malik Rehan Mira Saheb Dargah, represented by advocates SB Talekar and Madhavi Ayyappan, argued that the Act refers to ‘protected area’ pertaining to specific archaeological sites and villages and not the entire region. He further alleged that interference was being carried out by right-wing groups with the aim of disrupting long-standing traditions at the dargah.

Government advocates argued that the entire Vishalgarh fort, including 333 acres and 19 gunthas of land, is a “protected” area.
However, the bench did not agree with this argument and said that the Act itself makes a distinction between ‘protected area’ and ‘protected monument’.

The court said 107 families living in the area would be unduly affected by the ban on cooking and consumption of food, which it termed as “absurd”.

“This would effectively mean that these 107 families would either have to starve or go out of their houses (beyond 333 acres 19 guntha) to cook and eat. This interpretation would be absurd to say the least,” the bench said.

The bench said that Vishalgarh was declared a protected monument in 1999, but animal slaughter activities continued there without any problem till February 2023. After this, the bench ruled that the petitioners have been allowed to slaughter animals for Bakrid on June 17 and Urs till June 21.

“For 24 years the authorities did not consider that the slaughter being carried out by the petitioners was in violation of the Act or the Rules. Considering the totality of the facts and circumstances of the case, we are of the view that the petitioners may be permitted to slaughter the animals at least for the festival of Bakrid, which falls on June 17, and Urs, which is up to June 21,” the bench said.

The court also clarified that the slaughter should be done on private land and not in open or public places.