Whether it is the
question of law or custom:-Law Sub
silentio?
In this era of awareness development and 3rd faze
of globalization, also we have many untouched fields which are yet left
abounded without any question due to beliefs of some sects of society in this
so called civilized peoples world. Is it necessary for a normal human being to
show two dilemmatic personalities one of kind, good, civilized and well behaved
and the other of cruel, barbaric, dishonest and greedy? Laws are some rules, regulations, guidelines
issued by some sovereign authority for human and societal conduct and peace
keeping, is it really so? Here at this point I am bound to rethink and collect
my ideas about a phrase of law people which is “for every law there is an
exception” is it same for every custom prevailing in the society of
course with no doubt one can say no.
What happens at a point where there is no Law to decide a
particular case on the circumstances were law mind has never being through. A
similar opportunity was with the High Court of Himachal Pradesh were in a cases
it ruled that the slaughtering of animals for religious sacrifices is barbaric.
In Hindus it is a custom of old times to often sacrifice animals for pleasing
God and Goddesses it is wrong including me many people across the globe
consider it as a dark custom still prevailing in the different sect of society
due to their immortal faith on the religious practice. This decision of High
Court was an effective and efficient use of the power of Judicial Discretion
and thus is an effective foot step in the path of Judicial Activism.
Yet there are many more questions which are yet to be
answered which have come up now drastically rising the conflicts of secular
customs and practices in the society.Eid-ul-Juha commonly known as bakr-Eid is
a well-established custom of Muslim Community were many innocent life of
beautiful creatures of God known as animals are sacrificed for the purpose of celebration
of Eid. Now the question is whether the Court has given its decision through
the interpretation of existing Laws or Statues or it was a discretionary
decision on the basis of morality and public policy. Justice Markandey Katju
explain the same gave a devastating comment on one of the social networking
site which says:-
“The Himachal Pradesh
High Court has in a judgment banned slaughter of animals in temples to appease
gods and goddesses. Was this done on the basis of some statute, or has the High
Court created law?
Law making is ordinarily the job of the legislature ( not the judiciary ), and judges should not ordinarily encroach into the legislative or executive domain, as held by the Supreme Court in Divisional Manager, Aravalli Golf Course vs. Chander Haas, 2007”
Law making is ordinarily the job of the legislature ( not the judiciary ), and judges should not ordinarily encroach into the legislative or executive domain, as held by the Supreme Court in Divisional Manager, Aravalli Golf Course vs. Chander Haas, 2007”
If the honorable Justice Markandey Katju is right with his thoughts
then what about the slaughtering of animals for the purpose of food every non –vegetarian
is directly or indirectly responsible for the death caused to an animal for the
purpose of food. When we cannot give life to an animal who are we to take the
life of an innocent animal who has done nothing wrong for us. He has taken
birth in between a brutal society of civilized human beings was that his fault
or he is an animal that was his fault? Many of us would neglect the cause
explaining it to be a part of food chain and a constant need for maintenance of
equilibrium of motherly earth, but it is nothing just a pictorial
interpretation of the facts in the way this civilized society want for their
selves.
The High Court judgment has refused to recognize "animal
sacrifice" to be an essential practice under scripturally established
"religious purposes" of Hindu religion. It has termed the practice as
"barbaric" and outdated. Thus the exception carved out under
Prevention of Cruelty against Animals Act favoring slaughter for
"religious purposes" has been rendered inapplicable to Hindus, but was
this all about morals and public policy.
The same instance was brought to notice when the Delhi High
Court banned E-rickhas in the roads of Delhi were they found that there was no
legislation to govern the regulations and working of E-rickhas Is it the
legislature who will decide the case, still there are Judicial institutions
which will decide the fate of this optimistic society when there is no
legislature just sitting idle and counting the vote banks and playing with the
word secular and differentiating the society and harming the peace of society.
Law made by legislature are for Vote Bank Politics at least
by way of such Verdicts Social Legislation's comes up for the betterment of
society as a whole. No law allows slaughtering of the animals in the name of
religion. You can’t expect Almighty God to be happy over the barbaric act
of Slaughtering his own Children (animals i.e. be it any species) in order to
please him and if someone argues that certain religious practice involves such
a horrendous act than it’s a mere hogwash.When it can be about the religious
barbarism why not Slaughtering animals for food or as it is done in Muslims
community on the eve of Eid isn’t that should also be banned.
We can be sure about the things whether wrong or right
in the society. Well settled principle in the subjects of science deals with
all the dilemmas in two approaches which could be followed here:-
- Application of reasons
- Experiment.
By applying reason we can understand that the
appearance of the sun going around the earth could be because the earth is
rotating on its axis.
By experiment, we can know the falsehood of water in the mirage, because when we approach it disappears, and does not quench our thirst.
By experiment, we can know the falsehood of water in the mirage, because when we approach it disappears, and does not quench our thirst.
We presently accept the duality of things, i.e. waves can be
regarded as particles (the Quantum Theory of Max Planck) and particles can be
regarded as waves (the Quantum Mechanics of De Broglie, Heisenberg,
Schrodinger, etc.) because that is what was found by experiment[1]
“Laws are for humans need and
betterment don’t not for harming the living creatures”
This article was the outcome of a video which I saw at: - http://www.meatfreeindia.com/WCB.php
