Headlines
High Court declines to suspend beef ban in Maharashtra
Mumbai, April 29
The Bombay High Court on
Wednesday declined to suspend certain provisions of a recent Maharashtra
law banning beef consumption, its possession or transportation even
when slaughtered outside the state.
A division bench of Justice
V.M. Kanade and Justice M.S. Sonak felt no suspension could be granted
till the final hearing of a bunch of public interest litigations
challenging the ban on beef in the state, and fixed the next hearing for
June 25.
One of the petitioners, Mutton Butchers Union
Sarvashramik Sangh secretary Vijay Dalvi, said they were opposed to the
ban as it affects not just the consumers but also farmers, traders, the
leather industry and many other stakeholders.
The court on
Wednesday directed the Maharashtra government to file its detailed
affidavit on the issue within four weeks and permitted the petitioners
and intervenors to file their rejoinders later.
Early March,
after President Pranab Mukherjee granted assent to the Maharashtra
Animal Preservation (Amendment) Bill, 2015, the beef ban was enforced in
the state, including on sale or possession of beef, with stringent
penalties.
The slaughter of cows was already prohibited in the
state under the Maharashtra Animal Presevation Act, 1976. The new act
now also bans slaughter of bulls and bullocks, previously permitted on a
fit-for-slaughter certificate.
Three PILs challenging the azct's
Section 5(d) and 9(a), which prohibit possession, transportation and
consumption, contended that this even bans transportation of beef from
other states and sought an injunction on these (sections).
The
high court also directed the state not to initiate any coercive action
against traders found possessing or transporting beef till the pendency
of the petition, or for three months, whichever is earlier, though FIRs
can be lodged.
Adopting a lenient view, the judges observed that
the act was introduced suddenly and the traders did not have reasonable
time to dispose of their stocks.
The court also urged the state
not to intrude on citizens' privacy if they were found in possession of
beef in any form, but declined a blanket ban on the provisions of the
new act.
Counsel for one of the petitioners, Aspi Chinoy argued
that such a ban on consumption of beef violated the fundamental right of
a person to have food of his choice.
Advocate-General of
Maharashtra Sunil Manohar countered that consumption of beef is not a
fundamental right of a citizen and the state could regulate a person's
fundamental right to have his choice of food.
Manohar pointed out
that the state legislation can regulate consumption of any animal
flesh, saying there is already prohibition on consumption of meat of
wild boar, deer and other animals.
"Five states, including Uttar
Pradesh, Punjab and Haryana have allowed import of beef despite a ban on
slaughtering those animals," Chinoy pointed out, saying in Maharashtra
the government has not yet contemplated regulation on beef imports.
Under
the new Act, only slaughter of water buffaloes, which yields Carabeef,
considered an inferior quality meat, has been allowed.
Beef
traders have contended that the move to ban beef in the state will
render thousands of people in the trade unemployed and also hike the
prices of other non-vegetarian products like mutton, chicken, and fish.