Introduction
India is a land of diverse religions, traditions, and festivals, where animals often play a central role in rituals and cultural practices. From sacrifices and offerings during religious ceremonies to the use of animals in festivals, the relationship between humans and animals in religious life has been historically complex.
Animal sacrifice refers to the ritual killing of an animal as an offering to a deity, spirit, or higher power, usually as part of a religious or cultural ceremony. It is practiced in various traditions across the world and is often believed to:
- Express devotion or obedience to a deity
- Seek blessings such as prosperity, health, or protection
- Appease divine forces during festivals or special occasions
In light of the existing circumstances, the legislature and the judiciary have undertaken the challenge of eradicating social evils like animal sacrifice that have been plaguing our society for a long time.
Origin of Animal Sacrifice
The primordial practice of killing animals to please deities can be traced back to the period of the Vedas and Upanishads. Even contemporary religions like Islam celebrate festivals of sacrifice, such as Eid-Al-Adha, to commemorate their prophet’s sacrifice to God. Every religion has propagated the humanistic values of love, compassion, and selflessness. However, these practices have been based on religious misinterpretation and superstitious beliefs that have been utilised by selfish people for their gains. The prevalence of animal sacrifices during religious festivals and fairs, even in some developed Indian cities, emphasises the need for reformation.
Background
Religious sacrifices involving animals, such as goat sacrifices during Bakr-Id or rituals in temples, have been a matter of tradition. Similarly, festivals like Jallikattu (Tamil Nadu), Kambala (Karnataka), and cockfighting (Andhra Pradesh) involve the use of animals, often raising concerns about cruelty.
The Constitution of India provides freedom of religion under Articles 25 and 26, but this right is subject to public order, morality, and health, and cannot override laws made for animal welfare. With growing awareness of animal rights, legal frameworks such as the Prevention of Cruelty to Animals Act, 1960, and various state laws attempt to regulate or prohibit such practices while respecting religious sentiments.
Legal Framework
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Constitutional Provisions
- Article 21 – Right to life has been interpreted to extend to animals, ensuring they live with dignity.
- Article 48 – Directive principles urge the state to prohibit the slaughter of cows, calves, and other milch/draught cattle.
- Article 51A(g) – Fundamental duty of every citizen to have compassion for living creatures.
- Articles 25 and 26 – Religious freedom is guaranteed, but subject to morality, health, and other fundamental rights.
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Statutory Provisions
- Prevention of Cruelty to Animals Act, 1960
- Section 11: Defines cruelty to animals.
- Section 28: Exempts killing of animals in the manner prescribed by religion (important for sacrificial rituals like Eid).
- Wildlife (Protection) Act, 1972 – Prohibits hunting or killing of wild animals, even in the name of religion.
- Local State Laws – Several states ban animal and bird sacrifices in temples.
- Prevention of Cruelty to Animals Act, 1960
Why Animal Sacrifices Should Be Prohibited
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Ethical and Moral Reasons
- Cruelty to Animals: Sacrificial rituals often involve unscientific methods of killing (slitting throat, beheading, etc.), causing unnecessary pain and suffering.
- Symbolic Alternatives: Many religions already use symbolic substitutes (pumpkin, coconut, effigies), proving that faith can be preserved without cruelty.
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Scriptural Evolution
- In the Vedic period, animal sacrifice (Yajna) was practiced, but many scholars argue it was symbolic rather than literal. Some rituals replaced animals with substitutes such as flour, ghee, or plants.
- Later scriptures like the Manusmriti, Mahabharata, and Puranas discouraged animal killing, saying true sacrifice is offering one’s ego, desires, and devotion, not an animal’s life.
- The Bhagwat Gita explicitly says God accepts simple offerings of fruits, flowers, water, and devotion instead of blood sacrifices.
- The Shiva Purana strongly emphasises ahimsa as a way of pleasing Lord Shiva. It states that killing animals in sacrifice does not please Shiva; rather, it creates sin (papa). Instead, it promotes dama (self-control), daya (compassion), and bhakti (devotion) as true offerings.
- The Vishnu Purana also prohibits killing animals for rituals. It condemns violence in yajnas, teaching that true sacrifice is inner purity, devotion, and selfless service—not killing. It equates killing animals in sacrifice with grave sin, saying that the gods never accept such violent offerings.
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Public Health and Safety
- Sanitation Issues: Public animal slaughter in temples, streets, or homes often leads to unhygienic conditions, spreading diseases.
- Zoonotic Risks and Environmental Impact: Large-scale sacrifices lead to waste, water pollution, and contamination of public spaces.
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Social and Cultural Reasons
- Negative impact on children.
- Misinterpretation of religion.
- Community conflicts.
Landmark Judicial Pronouncements
- Animal Welfare Board of India v. A. Nagaraja (2014 Jallikattu Case)
The Supreme Court banned Jallikattu, holding that animals also have the right to live with dignity under Article 21. The court recognised the “five freedoms” of animals: freedom from hunger, discomfort, pain, fear, and freedom to express normal behaviour. - State of Andhra Pradesh v. Abdul Khader (1999)
The Andhra Pradesh High Court upheld the prohibition on animal/bird sacrifices in temples under state law. It held that such sacrifices are not an essential part of religion and can be regulated. - Cruelty in Cockfighting Cases
Courts in Andhra Pradesh and Telangana have repeatedly banned cockfighting, declaring it illegal under the Prevention of Cruelty to Animals Act (PCA Act), despite claims of it being a tradition.
Conclusion
The practice of animal sacrifice, though rooted in ancient traditions and religious customs, stands at odds with the modern principles of compassion, morality, and constitutional values. While freedom of religion is a guaranteed right under Articles 25 and 26 of the Indian Constitution, it is not absolute and remains subject to public order, morality, health, and other fundamental duties. The Prevention of Cruelty to Animals Act, 1960 and judicial precedents have made it clear that unnecessary suffering to animals cannot be justified in the name of faith.
India’s cultural and spiritual heritage emphasises ahimsa (non-violence) as a universal virtue, and the protection of animals is recognised as both a constitutional directive and a moral duty of citizens under Article 51A(g). Courts, too, have consistently reinforced that compassion towards living beings reflects a progressive and civilised society.
Therefore, while respecting religious sentiments, animal sacrifice must gradually give way to symbolic, non-violent practices that preserve cultural traditions without inflicting cruelty. This balanced approach not only upholds constitutional mandates but also harmonises faith with compassion, ensuring that humanity’s spiritual growth does not come at the cost of innocent lives.
References
- The Indian Constitution Act
- Wildlife (Protection) Act, 1972
- The Prevention of Cruelty to Animals Act, 1960
- Bishal Bhattarai, ‘Animal Sacrifice: Compassion Needed’, The Himalaya Times
- Abdul Rashid Agwan, ‘Animal Sacrifice: One of the Oldest and the Most-Universal Traditions’ (August 11, 2019)
- Rachit Garg, ‘Understanding the Legality of Animal Sacrifice in India’ (August 21, 2021)
- Animal Welfare Board of India v. A. Nagaraja (2014 Jallikattu Case)
- State of Andhra Pradesh v. Abdul Khader (1999)
- Cruelty in Cockfighting Cases
Written By:
- Mansi Suthar,
- Purnika Sankhala
