A division bench of Madras High Court delivered a split verdict on a batch of petitions filed regarding the practice of animal sacrifice in Dargah located on Thiruparankundram Hill in Madurai, Tamil Nadu and the renaming of the hill itself. The Thiruparankundram Hill has been in the spotlight since earlier this year, when some Hindu organisations held protests against the practice of animal sacrifice atop the hill that houses a Dargah, Sikandar Badhusha Avuliya Dargah, two temples, Arulmigu Subramaniya Swamy Temple and Kasi Viswanathar Temple and Jain caves.
A bench of Justices J Nisha Banu and S Srimathy unanimously decided against renaming of the Hill. However, the bench delivered a split verdict regarding the issue of animal sacrifice on the hill.
Noting that the Dargah and the two temples are situated at different locations on the hill, Justice Banu said that the religious practices of one community do not impinge upon the sacred spaces of another. “The Thiruparankundram Hill, insofar as the Hindus are concerned and subject to the recognised rights of the Mohammedans, is not vested with any individual or any particular group or association of people, but is vested with Arulmigu Subramaniya Swamy Temple, Thiruparankundram. There is no allegations of violation of the rights of the Temple in respect of the Thiruparankundram Hills, as such rights have been recognised and confirmed by the Civil Courts,” Justice Banu said in the order passed in 25th June.
Justice Banu upheld the practice of animal sacrifice saying that it was practiced by both Hindus and Muslims. “…it is evident that the animal sacrifice in the Dargah located at Thiruparankundram Hills 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 It is also pertinent to note that the Tamil Nadu Animals and Birds Sacrifices Prohibition Act, 1950 was repealed in 2004 by Tamil Nadu Act 20 of 2004. Therefore, as on date, there is no statutory bar against the traditional practice of animal sacrifice at religious places in Tamil Nadu,” Justice Banu added.
On the other hand, Justice Srimathy ruled against the practice of animal sacrifice citing lack of evidence to prove that it was an ancient religious practice. “… the Court is of the considered opinion that the RDO is right in coming to conclusion that the parties ought to approach Civil Court to establish whether Kandoori animal sacrifice was an established practice in Sikkandar Dargah. Therefore, this Court has held that there is no such practice of Kanthoori animal sacrifice in Sikkandar Dargah. If at all they practice, the dargah may approach appropriate civil court to establish such practice,” Justice Srimathy observed.
“The Dargah is directed to approach Civil Court to establish their practice of Kandoori animal sacrifice as well as prayer during Ramzan, Bakrith and other Islamic festival was prevailing prior to O.S.No.4 of 1920,” Justice Srimathy added.
Background of the case
The issue is believed to have begun last year on 27th December after a Muslim family led by Syed Abu Dahir, a 53-year-old from Malaiyadipatti attempted to take animals on the hill for sacrifice. The police detained the family which further irked 20 Islamists to protest against the police. This was followed by a protest by Muslims in January this year demanding free access to the hill. demanding the continuation of animal sacrifice calling it an old tradition. They even named the hill as ‘Sikandar Hills’.
Subsequently, in the same month, a scuffle erupted after the police stopped Islamist outfits including the Social Democratic Party of India (SDPI), the political arm of the banned terrorist outfit Popular Front of India (PFI) from carrying out animal slaughter (Qurbani) on the hill. The police had allowed Muslims to carry cooked meat to the Dargah and consume it there. Sacrificing of animals was not allowed considering that the hill has the presence of ancient Jain caves and Lord Murugan temple. Communal tensions were further flared up after some a few ‘unidentified’ miscreants painted ancient ‘Jain caves’ green on the hill causing outrage from the Hindu community amidst the ongoing controversy.
Outraged by the incidents, several Hindu organisations such as Bharat Hindu Munnani, staged protests in February this year against the practice of animal sacrifice on the Thiruparankundram Hill. The Muslims have been claiming the entire hill as the Waqf property and demanding the continuation of animal sacrifice calling it an old tradition. They even named the hill as ‘Sikandar Hills’
