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HC decriminalizes possession of beef with a caveat

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The Bombay High Court on Friday ruled that possession of beef slaughtered outside Maharashtra would not be a criminal offence. However, the HC upheld the Maharashtra government’s decision to ban the slaughter of bullocks in the state.

Bombay High Court-AVIt struck down as “unconstitutional” provisions which held mere possession of beef as crime, saying only “conscious possession” of the meat of animals slaughtered in the state will be held as an offence.

A division bench of Justice Abhay Oka and Justice S.C. Gupte upheld the constitutional validity of The Maharashtra Animal Preservation (Amendment) Act, 1976.

The court said that section 5D that prohibits possession of the flesh of cow, bull or bullock slaughtered outside the State of Maharashtra infringes privacy therefore it has been struck down.

The court was hearing a bunch of petitions which challenge section 5A of the Act that prohibits transport or export of cows, bulls or bullocks for the purposes of slaughter, section 5B that prohibits sale, purchase, distribution in any other manner of cows, bulls and bullocks, section 5C prohibits possession of the flesh of cows, bulls or bullocks, section 9 of the said Act that empowers the police authorities to search and seize cattle suspected to be taken for slaughter.

As per the law, possession of beef was criminalised, thereby indirectly banning sale or possession of beef in any form in the state.

The Maharashtra Animal Preservation (Amendment) Act was enacted in March 2015 and bans the slaughter of bulls and bullocks, in addition to an earlier ban on the slaughter of cows. The law makes the sale of bulls, bullocks for slaughter a crime, punishable with a jail term of up to five years and a fine of Rs 10,000.

The aim and object of the Act is to preserve cattle for their undeniable utility in agriculture and drought sectors.

The government affidavit said that the eating habits of a group of persons do not make that group a “cultural minority” entitled to protection under Article 29 (protection of interests of minorities). The concept of culture is far above issues like what one eats, it said. If a food habit, that too not essential food, is considered to be part of culture, then there would be thousands of minority groups in the country on this basis alone, it said. Further, it had said, “India is a vast country and people living in different parts of the country have different food cuisines…Therefore, eating a particular food does not entitle the constitution of a cultural minority.

The state government had also clarified that it does not have any intention to impose a “vegetarian regime or dictate or force food habits”. “The non-vegetarians are free to have their own food choices but cannot insist, as a matter of right, on a particular type of food.

Arif Kapadia, a city resident, and noted lawyer Harish Jagtiani had challenged the provision which says mere possession of beef anywhere in the state is a crime.

This is arbitrary and undermines the cosmopolitan nature of the city which houses people from all religions and communities, they had contended.

Other petitions had been filed by Vishal Sheth, a lawyer, and Shaina Sen, a student, contending that the ban on beef violates fundamental rights of citizens.

Both Congress and the NCP alleged that BJP’s real face stood exposed as the party-led government was bent on imposing a particular lifestyle on others along with pursuing the divisive politics.

Congress spokesperson Sachin Sawant alleged that BJP’s intention since beginning was not noble, but creating divisions among various communities. “The High Court order partially striking down has exposed BJP’s political ploy,” he said.

Meanwhile, NCP spokesperson Nawab Malik welcomed the High Court order and said that people habituated to eat bull and bullock beef will continue to do so from now. “The fundamental right has been restored,” he opined.

Bhimrao Dhonde, a BJP legislator from the drought-hit Beed district in parched Marathwada, said that the government’s priority should be to support farmers, and they should be allowed to sell their cattle to whoever they wish to. “It is time to withdraw the ban,” Dhonde stated, adding that the government’s ban on sale of unproductive cattle has adversely impacted farmers as they had to bear additional burden.

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