SC Judge Says No Law Bars Eating Chicken Over Ganga, Questions Students' Arrest

Supreme Court Justice Ujjal Bhuyan has said there is no law prohibiting people from eating chicken while on the Ganga, criticising the arrest of a group of Muslim students who were jailed after allegedly consuming chicken biryani during an iftar gathering on a boat ride in Uttar Pradesh earlier this year. Speaking at the 4th Memorial Lecture of Justice G.P. Singh at the National Law Institute University (NLIU) in Bhopal, Justice Bhuyan also warned against the growing tendency to criminalise ordinary acts of dissent and peaceful expression in a democracy.

Referring to the case, Justice Bhuyan said the students had spent nearly three months in jail for an act that, in itself, did not constitute a criminal offence. "I am sure consuming chicken biryani is not an offence. It can't be an offence… they were arrested for that very reason, and they had to remain in jail for three months," he said. He questioned the legal basis for the arrests, stressing that there is no statutory prohibition against consuming chicken over the Ganga.

The case dates back to March, when the Varanasi Police arrested 14 Muslim youths after allegations that they had eaten chicken biryani during an iftar gathering while travelling on a boat in the Ganga. According to the police, complaints alleged that the group discarded meat bones and food leftovers into the river, which is considered sacred by millions of Hindus and holds immense spiritual significance in Sanatan Dharma. Based on these allegations, the police registered a case under Sections 298 and 299 of the Bharatiya Nyaya Sanhita (BNS), dealing with outraging religious feelings and promoting enmity, along with provisions related to public nuisance and the Water (Prevention and Control of Pollution) Act.

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Justice Bhuyan used the incident to make broader observations on the functioning of democracy and the criminal justice system. He said peaceful protest and the expression of dissent are fundamental to a democratic society but expressed concern that such actions are increasingly being treated as criminal conduct. According to the judge, constitutional values require the State to distinguish between genuine criminal acts and the legitimate exercise of individual freedoms, cautioning against the misuse of criminal law in situations where no clear offence has been committed.

The remarks come amid wider debates over the use of criminal provisions in cases involving freedom of expression, religious sensitivities and public order. While the allegations in the Varanasi case centred on claims that food waste was thrown into the Ganga, Justice Bhuyan's comments focused on the absence of any law prohibiting the consumption of chicken on the river itself. His observations are likely to add to the ongoing discussion on balancing religious sentiments, environmental protection and constitutional freedoms, particularly the right to personal liberty and peaceful expression.

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