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SC judgment on closure of abattoirs during Jain festival evokes mixed reaction

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Posted: Mar 15, 2008 at 2343 hrs IST

Ahmedabad, March 14 The judgment of a division bench of the Supreme Court on Friday upholding the resolution passed by the Ahmedabad Municipal Corporation (AMC) to close all municipal slaughterhouses for nine days during the Jain festival of Paryushun has elicited sharp reactions from the Qureshi Jamaat, a trust representing persons in the meat selling business.

The Supreme Court judgment also reverses a July 2005 judgment of the Gujarat High Court, which had termed the resolution as 'unconstitutional'.

Abdul Sattar, president of the Mirzapur Moti Qureshi Jamat (MMQJ), the body that had challenged the resolution in the High Court, said, “The judgment sets a very bad precedent. We are not interfering with the Jain Samaj but merely carrying out our livelihood. Where will this lead to? In India, there is some festival or the other every day, now other groups will also object and then it will become impossible for us to do business. There are 30 crore Muslims in the country but does that mean that during Ramzaan, people of other religions also observe roza?”

The Supreme Court while reversing the High Court order remarked that the order of closure of slaughterhouses was only for nine days and even though it did affect the fundamental right to carry out a trade or profession, as enshrined under Article 19 1(g) of the Constriction, the restriction was not 'unreasonable' and within the ambit of Article 19 (2) which provided for reasonable restriction for maintaining public order and peace among other things.

Usamn Kureshi another prominent member of the MMQJ said, "The judgment is clearly against us and our business. We are in consultation with legal experts for its review."

The SC judgment has also remarked, "There is no prohibition to their business for the remaining days in the year. In a multi-cultural country like ours with such diversity, one should not be over sensitive and touchy about a short restriction when it is being done out of respect for the sentiments of a particular section of the society."

Sattar, however, the Supreme Court judgment is like saying one to not go for work on these specified nine days in a year, for practically no reason at all.

"Also most members of our community have a hand to mouth existence and this will surely affect them," he said.

The Jain community, has as expected, thoroughly welcomed the judgment.

Advocate Ashok Jain, who had been involved in the case since it was filed, said, "For the Jains, Paryushun is a very holy period. Ahimsa is the soul of Jainism and even more during this nine-day period. Killing of any creature during this period is matter of great grief for us."

The demand for closure of slaughterhouses in the state during Paryushun have been on since 1993.

In 1998, the AMC had passed a resolution ordering the closure of all municipal slaughterhouses for nine days, which was challenged in the High Court.

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