The PIL, filed by seven Uttar Pradesh residents, has sought the court's direction to ensure that no animal is killed during the festival, called the feast of sacrifice, which is to be celebrated early next week.
"Issue a writ, order or direction or declaration to the effect that the practice of sacrifice of animals on Bakr-i-Eid day is unconstitutional and same cannot be resorted to by any member of the public," the petition said.
"Issue a writ, order or direction striking down Section 28 of Prevention of Cruelty to Animals Act, 1960 as unconditional, being ultra vires to Article 14,21 and 25 of the Constitution," it said.
The PIL has made Ministries of Home Affairs, Law and Justice and Environment and Forest and Animal Welfare Board of India as parties.
"It is most respectfully submitted that animals sacrifice on Bakr-Eid day is cruel, inhuman, barbarian, decency and morality and the same cannot be protected in the name of religion as such practice is in violation of Article 14,21 and 25 of the Constitution of India," it said.
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