The Jharkhand High Court has firmly upheld the sanctity of Parasnath Hill, a revered site for the Jain community, by directing the state to strictly implement a 2023 Office Memorandum. This memorandum enforces a ban on tourism, sale of liquor, and serving of non-vegetarian food on the hill, in line with the religious sentiments of the Jain faith.
A Public Interest Litigation (PIL) filed by the Jain religious trust 'Jyot' led to this decisive judicial intervention. The petition emphasized that Parasnath Hill is considered as sacred to Jains as Ayodhya is to Hindus or Mecca to Muslims. It sought protection against activities that harm its religious essence.
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“In their affidavits, the State respondents have not denied the hill’s religious significance,” the bench of Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan noted. “They accepted Parasnath Hill as a sacred religious site of the Jain community.”
Yet, the court found inconsistencies in the State’s actions. Despite assurances, the government continued plans for tourism, eco-tourism, and other developmental activities on the hill. This was in contradiction to the 2023 Office Memorandum issued by the Ministry of Environment under the Environment (Protection) Act. This memo had clearly prohibited:
- Sale and consumption of liquor
- Serving non-vegetarian food
- Any activity harmful to animals
- Tourism and eco-tourism developments
“The 2023 Office Memorandum clearly covers all forms of tourism, including eco and religious tourism. Therefore, such activities must be stopped,” the court stated.
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Furthermore, the bench highlighted concerns about structures built on the hill, some of which might not have the proper permissions. The District Legal Services Authority (DLSA) of Giridih has been tasked with visiting the site and verifying:
- Presence of schools or anganwadis
- Ongoing mining operations
- Number and type of constructions (residential/commercial, private/government)
- Legality of these constructions
The Superintendent of Police, Giridih, was directed to deploy more Home Guards. Only 25 guards were currently responsible for a 16,000-acre area, which the court found insufficient for proper enforcement.
On the matter of non-vegetarian food being served in mid-day meals in schools located on the hill, the court cited a direct violation of the 2023 order. “If such schools exist on the hill, non-vegetarian food including eggs cannot be allowed,” it said.
Though the State claimed it does not intend to promote the hill for commercial tourism and would adhere to the Jharkhand Tourism Policy 2021, the court observed proposed plans such as jungle safaris and commercial structures contradicted these claims.
“They (State) have not denied that such activities are taking place,” the judges remarked, “and they cannot justify ignoring the memorandum’s broad prohibition on all forms of tourism.”
The court directed full enforcement of both the 2019 Environmental Notification, which declared Parasnath an eco-sensitive zone, and the 2023 Office Memorandum. The matter is now scheduled for further hearing on July 21.
Case Title: Jyot vs The State of Jharkhand and Ors
Counsel for petitioner: Senior Advocate Darius Khambata, Senior Advocate Percival Billimoria along with Advocates Indrajit Sinha, Bhavik Lalan, Khushboo Kataruka, Vidhi Shah and Shubham Kataruka
Counsel for State: Advocate General Rajiv Ranjan, Piyush Chitresh, A.C. to A.G
