Bombay HC upholds Maharashtra govt’s beef ban

MUMBAI: The Bombay high court on Wednesday declined to stay provisions of the beef ban law, but directed Maharashtra government not to take any coercive steps for its possession for the next three months.

A division bench of Justice VM Kanade and Justice MS Sonak cited the maxim of “judicial restraint” to not stay a law at the interim stage as the presumption was of its legal validity.

Section 5D of the Maharashtra Animal Preservation (Amendment) Act that makes possession of beef imported from outside the state, therefore, remains.

The court however faulted the government for imposing an “over night ban” on possession of meat of bulls and bullocks even though it was lawful for over 30 years even after the state introduced a ban on cow slaughter in 1976.

The court also made it clear that the police will not invade the privacy of a citizen by entering their homes to find out if the meat in their house is beef. The court asked the state to file a detailed affidavit in four weeks and has scheduled the matter for hearing on June 25.

A bunch of petitions had challenged the legal validity of provisions of Maharashtra Animal Preservation (Amendment) Act that bans the slaughter of bulls and bullocks along with cows.

The petitioners, that include a senior advocate Haresh Jagtiani, Jogeshwari resident Arif Kapadia and a Hindu-Muslim-Christian coalition of 29 Mumbaikars, had sought an interim stay on section 5D of the MAPA Act.

This provision makes it a criminal and cognizable offence to possess beef, even if the animal is slaughtered outside Maharashtra where it is legally permissible, punishable with a jail term of up to one year.

The petitioners claimed that the ban violated the fundamental right to choice of food. The state government on the other hand contended that there was no fundamental right to eat beef and the right to choice of food could be restricted by a valid law.

TOI | Apr 29, 2015

Contact Lawyers In India : https://lawintellectindia.com/contact-us/