Section 28: Saving as Respects Manner of Killing Prescribed by Religion

Overview

Section 28 of the Prevention of Cruelty to Animals Act, 1960, essentially states that the Act does not prevent anyone from killing an animal if their religion requires it to be killed in a specific way. It’s a crucial provision that balances animal welfare concerns with the freedom of religious practice.

Key Provisions

• Religious Freedom: The primary provision is that religious practices involving animal slaughter are protected from prosecution under this Act.
• Manner of Killing: The exemption applies only when the animal is killed in a manner that is specifically required by the religion in question. The Act doesn’t define ‘required’ – this is often determined by religious texts and customs.
• No General Exemption: This section doesn’t provide a blanket exemption for all religious slaughter. It’s limited to methods prescribed by the religion.

Practical Impact

This section impacts communities that have religious traditions involving animal sacrifice or specific methods of slaughter. It affects how these communities practice their faith and how law enforcement agencies approach cases involving animal slaughter. It also influences debates surrounding animal welfare and religious rights. Government authorities must be mindful of this provision when enforcing the Act and investigating instances of animal slaughter.

Examples

• Example 1: A Muslim family slaughters a goat according to the Halal method during Bakrid. This would generally be protected under Section 28, as Halal is a religiously prescribed method of slaughter.
• Example 2: A Hindu community performs a Bali (animal sacrifice) during a religious festival, following traditional rituals outlined in their scriptures. This would likely be protected under Section 28, provided the method of sacrifice aligns with their religious practices. However, if the sacrifice is performed using methods considered excessively cruel *and* not required by the religion, it might not be protected.