Himachal ban on Hindu animal sacrifices sparks debate among legal experts

[Dem!god]

Is it "Law of the land"? - NO.

I am strictly talking about the legal aspect of the judgement.



1. Is the law in place? - NO.

2. Has the constitution been amended already? - NO.

3. Moral or not, is it constitutionally illegal as of now? - NO.

Courts are not authorized to make laws btw, courts are there to judge a case as per the existing laws.



.

again u are making the mistake...
when a jurisdiction is passed by the high court its become a part of statutory law of that state... unless and untill it is being challenged in supreme court.. and if supreme court upheld that decision then it has to be followed through out the country or as per said.. unless and untill the parliament passes a bill over it...
so when high court of himachal has given it jurisdiction it has become a statutory of the state and executive hv to act accordingly...

the decision of courts are binding on the executive...

 

[SledgeHammer]

again u are making the mistake...
when a jurisdiction is passed by the high court its become a part of statutory law of that state... unless and untill it is being challenged in supreme court.. and if supreme court upheld that decision then it has to be followed through out the country or as per said.. unless and untill the parliament passes a bill over it...
so when high court of himachal has given it jurisdiction it has become a statutory of the state and executive hv to act accordingly...

And I am asking whether the verdict will be upheld in the Supreme court, or even in the higher bench of the same High court, if yes, then why? More specifically I want to know under which law the court banned it in the first place.

 

[Yogijaat]

Exactly what are you talking about? I am just saying that the 'edict of Ashoka' that you have mentioned is not a law in India, hence not enforceable by law.

i am saying that we are using ashoka's wheel of law on our national flag and ashoka is a communal bigot and we should remove that symbol form our national flag. I am with you on this mate

 

[SledgeHammer]

i am saying that we are using ashoka's wheel of law on our national flag and ashoka is a communal bigot and we should remove that symbol form our national flag. I am with you on this mate

But I am not with you on this mate, neither we are discussing on this topic. Please open a different thread if you feel the Ashokchakra should be removed from our national flag, then we can discuss.

 

[Dem!god]

And I am asking whether the verdict will be upheld in the Supreme court, or even in the higher bench of the same High court, if yes, then why? More specifically I want to know under which law the court banned it in the first place.

it will be upheld or not that will be decided by the court...
its banned under cruality against animal act... its given in the OP. where lady files the case.

 

[SledgeHammer]

it will be upheld or not that will be decided by the court...
its banned under cruality against animal act... its given in the OP. where lady files the case.

Yes it will be decided by the higher court, but the forums are for discussion.

It was banned as per the Prevention of Cruelty to Animals Act, 1960. But killing animals for consumption (by both humans & other animals) does not come under that act, animals sacrificed to gods are ultimately distributed among the people as 'prasad' for consumption.

So my argument is; if killing animals (if not endangered or protected species) for consumption does not come under the Prevention of Cruelty to Animals Act, 1960, then how the killing of animals in temples for ultimately consumption by the people can be called illegal under that act?

 

[Dem!god]

Yes it will be decided by the higher court, but the forums are for discussion.

It was banned as per the Prevention of Cruelty to Animals Act, 1960. But killing animals for consumption (by both humans & other animals) does not come under that act, animals sacrificed to gods are ultimately distributed among the people as 'prasad' for consumption.

So my argument is; if killing animals (if not endangered or protected species) for consumption does not come under the Prevention of Cruelty to Animals Act, 1960, then how the killing of animals in temples for ultimately consumption by the people can be called illegal under that act?

hmm... because these killings take place in open where many people go to worship and see the deity... and when i visit this place to worship i feel sick seeing a poor animal being killed for fanaticsm... i feel terrified, mortified, and disgusting by the this madness..
the animal which is killed in to he butcher shop is killed within the primises of the shop where people who only buy meat goes not people like me...
its oobviously a act of cruelty when the animals are kept in front where other of their kind are been.killed... they are made to watch and u will be horrified watching the rxn of the animal seeing its own kind being killed...
its a shame only human animals hv right.... but animals hv no right...

 

[Indrani]

As they say in India karma is a...........

What is wrong with the ruling? It is right and the court should extend it to Muslims too.

 

[livingdead]

religions that need animal sacrifice are barbaric and do not belong to the time.

 

[Indrani]

This is what written on one of the edicts of Ashoka

Twenty-six years after my coronation various animals were declared to be protected – parrots, mainas, //aruna//, ruddy geese, wild ducks, //nandimukhas, gelatas//,bats, queen ants, terrapins, boneless fish, vedareyaka, gangapuputaka, fish, tortoises, porcupines, squirrels, deer, bulls, //okapinda//, wild asses, wild pigeons, domestic pigeons and all four-footed creatures that are neither useful nor edible. Those nanny goats, ewes and sows which are with young or giving milk to their young are protected, and so are young ones less than six months old. Cocks are not to be caponized, husks hiding living beings are not to be burnt and forests are not to be burnt either without reason or to kill creatures. One animal is not to be fed to another.

—Edict on Fifth Pillar

we use Ashoka's wheel of law on our national flag, i would say remove that from our flag because it is against our secular ideology

What a shame these Bengalis arguing for ritual slaughter are more regressive than people of India 2000 years ago.

 

[JohnyD]

Even milk of cow or any other live stock should not be used for human consumption! Its against nature...mothers milk is for her kids~!! ..Do you see human mother's milk is packed and sold in market?

Some people even say, vegetables have life and sensitivity...!

what d fack! Ps get back to life as usual!!

 

[livingdead]

Even milk of cow or any other live stock should not be used for human consumption! Its against nature...mothers milk is for her kids~!! ..Do you see human mother's milk is packed and sold in market?

Some people even say, vegetables have life and sensitivity...!

what d fack! Ps get back to life as usual!!

killing animal for food is different from killing them as ritual.. to curry favour with god(s).. dont you think?

 

[Dem!god]

Even milk of cow or any other live stock should not be used for human consumption! Its against nature...mothers milk is for her kids~!! ..Do you see human mother's milk is packed and sold in market?

Some people even say, vegetables have life and sensitivity...!

what d fack! Ps get back to life as usual!!

i assume u don't know much abt it...
cows produce way more milk than the usual consumption of the calf... which can be used otherwise..
human milk is too sold these days in packets...
and yes plants hv life no denying in it.. but we consume its fruits and vegetable...... + cutting a vegetable is not the same as killing a cow or buffalo... both hv tons of differences...

 

[Cyberian]

This is what a Hindu animal sacrifice looks-like:

 

[JohnyD]

killing animal for food is different from killing them as ritual.. to curry favour with god(s).. dont you think?

well see,
Fireworks on diwali is okay but u dont want to see them daily because its not good for society/environment!
Killing animal daily for food is okay, but dont want to see it happening during feast like eid as ritual!