Sanctity Of Parasnath Hill Must Be Upheld | Jharkhand High Court Bans Tourism Activities, Mining, And Non-Vegetarian Food | Orders Strict Compliance To Protect Sacredness
Sanchayita Lahkar
The High Court of Jharkhand Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan directed the State authorities to strictly enforce all measures necessary to protect the sanctity of Parasnath Hill. The Court ordered full implementation of the 2019 Notification and 2023 Office Memorandum issued under the Environment (Protection) Act, 1986, which prohibit commercial, non-religious and environmentally harmful activities on the Hill. It further mandated inspection by the District Legal Services Authority to verify the existence of schools, mining, unauthorized structures, and other activities. The matter has been fixed for further monitoring on 21 July 2025.
The matter arose through a Public Interest Litigation filed by Jyot, a religious trust based in Gujarat, seeking protection of Parasnath Hill, located in Giridih District, Jharkhand. According to the petitioner, the Hill is regarded as one of the holiest sites in Jainism, equivalent in significance to religious sites of other faiths, and revered as a Mahatirtha where 20 out of 24 Jain Tirthankaras attained nirvana.
The petitioner contended that sanctity of the Hill was being threatened by unauthorized activities promoted by the State of Jharkhand. The plea stated that despite various government declarations, including the 2019 Eco Sensitive Zone notification and the 2023 Office Memorandum issued under the Environment (Protection) Act, illegal tourism, non-religious activities, mining, construction and political activities continued on the Hill.
The petition sought specific reliefs, including enforcement of the Office Memorandum dated 05.01.2023, prevention of desecration of the Hill, removal of encroachments, and directions safeguarding religious rights of the Jain community.
The petitioner referred to several government statements, including the 2015 press release and 2018 State Office Memorandum, which recognized the Hill's sanctity and committed to retaining its spiritual and religious essence. The 2019 Notification had already declared the area an Eco Sensitive Zone. The 2023 Office Memorandum stated the Hill’s sacred nature and directed a ban on sale of liquor and non-vegetarian food, playing loud music, pollution-causing activities, and prohibited all tourism and eco-tourism activities.
Despite this, the petitioner claimed, sacrilegious and commercial activities were continuing, which included unrestricted tourist movement, sale of food items, construction for non-religious purposes, illegal mining, political activities like polling booths, and celebrations, as well as proposals to build safari parks and set up zoos.
The State, in its defence, admitted that tourism and eco-tourism activities stood stayed under the 2023 Office Memorandum, but maintained that provisions for religious tourism and public amenities were permissible. The State clarified that while the Parasnath Eco Sensitive Zone covered 208.82 sq km, the Hill itself constituted only one identified village and maintained there was no intent to convert the Hill into a commercial tourist place.
It also submitted that several home guards were deployed for implementation of restrictions and some notices had been issued to remove unauthorized constructions.
The petitioner however pointed out discrepancies, asserting that most notices were issued after filing of the PIL and targeted areas outside the Hill. Further, allegations regarding new constructions, distribution of non-vegetarian food at Anganwadi centres, and organization of celebrations remained unaddressed.
Additionally, intervener applications by tribal groups were also heard. The petitioner assured the Court that the Jain community respected the religious rights of tribals and the Court found no conflict in this regard.
The Court recorded: "The PIL is in regard to only Parasnath Hill / village and it’s area and not the entire 208.82 sq.km of Parasnath Eco Sensitive Zone as is sought to be suggested by the respondents."
It stated: "In our opinion, there are no other villages on the Parasnath Hill because had they existed on it, the notification would have mentioned it."
On the issue of regulatory compliance, the Court observed: "The Office Memorandum dt.05.01.2023 prohibits causing injury to animals on the Parasnath Hill. So activities such as hunting and sacrifice of animals cannot be permitted by the respondents."
It further recorded: "This is a matter which requires verification and following of due process before action is taken to remove the illegal structures."
The Bench expressed concern about continuing encroachments: "We find force in this contention of the petitioner because most notices have been issued after the filing of the Writ Petition on 08.01.2025."
Rejecting the tribal conflict argument, the Court observed: "There is no pleading of petitioner anywhere objecting about religious practices of Santhal tribals. On the contrary, the learned Senior Counsel for the petitioner assured that the Jain community had no such intention."
Accordingly, the Court declined to entertain intervener applications filed by tribal groups, recording that no conflict existed between Jain and Santhal communities regarding worship on the Hill.
The Court directed that the Secretary, District Legal Services Authority, Giridih, shall ascertain the number of structures erected on the Parasnath Hill, determine their nature, whether commercial or residential, and whether they are government or private constructions.
It was further ordered that the Secretary shall verify whether such structures have been lawfully erected after obtaining appropriate construction permission.
To facilitate this process, the Court made it mandatory for the respondents to submit records to the Secretary for verification.
In addition, the Superintendent of Police, Giridih, was directed to increase the number of Home Guards on the Parasnath Hill to ensure effective implementation of the 2019 Notification and the 2023 Office Memorandum.
The Court also ordered that the matter be listed on 21 July 2025 for filing of status reports by the Secretary, District Legal Services Authority, Giridih, and all respondents regarding the steps taken to enforce the above directions.."
Advocates Representing the Parties
For the Petitioners: Mr. Darius Khambata, Senior Advocate; Mr. Percival Billimoria, Senior Advocate; Mr. Indrajit Sinha, Advocate; Mrs. Prerna Jhunjhunwala, Advocate; Mr. Shubham Kataruka, Advocate; Mrs. Khusboo Kataruka, Advocate
For the Respondents: Mr. Rajiv Ranjan, Advocate General; Mr. Piyush Chitresh, A.C. to Advocate General
Case Title: Jyot v. The State of Jharkhand and Ors.
Case Number: W.P. (PIL) No. 231 of 2025
Bench: Chief Justice M.S. Ramachandra Rao, Justice Deepak Roshan
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