Chief Minister Devendra Fadnavis clarifies position in the assembly
By TwoCircles.net Staff Reporter,
Mumbai: During a hearing in connection with the recent law on ban on beef in the state, the Maharashtra government has told Bombay High Court that it has the power and it might extend the ban on possession and consumption of cow, bull and bullock meat to other meat as well.
The High Court has now given two weeks’ time to the state government to file a reply in the form of an affidavit.
The chief minister, however, clarified in the house that the government had no such plan to ban meat of other animals other than beef of bulls, calves and cows in the state.
Divisional bench of Justice V M Kanade and Justice A R Joshi was on Monday hearing a bunch of petitions in connection with provisions of the Maharashtra Animal Preservation (Amendment) Act banning the sale and consumption of beef in the state.
During the hearing, the court inquired why the state had only banned the slaughter of bulls and bullocks and not goats.
Justifying the new state law that banned the slaughter of bulls and bullocks and criminalized possession of beef, Maharashtra Advocate General Sunil Manohar said, “This is just the beginning. We may consider banning slaughter of other animals too. As of now, the state felt it was necessary to protect cows, bulls and bullocks.
Dissatisfied with AG’s statement”, Justice Kanade remarked on a lighter note: “That may lead to migration from the state. Don’t consider a ban on fishes though.”
The HC suggested that the state could consider issuing licenses, like in the case of liquor, for the possession of beef or beef products.
“Section 5(d) of the Act, which is under challenge, does not prohibit slaughter of cattle outside the state. Why should a person be prevented from consuming or possessing beef slaughtered outside? Indirectly you (government) are prohibiting slaughter of animals outside the state too,” said justice Kanade.
Senior counsel Aspi Chinoy, appearing for one of a petitioner, argued that the said section of the law was “arbitrary” and deprived people of their right to life and liberty. “The law should not be arbitrary, excessive and unjust that compels public interest and affects their rights,” Chinoy said.
Countering petitioners lawyers AG Manohar argued, “The state is against the slaughter of cows, bulls and bullocks and the possession of its meat for any purpose, including consumption. The state wants it to be stopped.”
The divisional bench then questioned the purpose of the enactment of the law by state. “Indirectly, aren’t you preventing people from consuming something which is part of their food,” asked one of a judge.
To this the AG replied, “The law is based on the directive principles of the Constitution that seeks prevention of slaughter of cows as well as the rules that seek prevention of cruelty to animals. The purpose is to promote a sense of sympathy in the citizens for such animals. If it deprives some people from consuming beef then that is just incidental.”
Advocate Mihir Desai, counsel for a group of residents planning to file a petition on the issue, argued that the state law was tantamount to entering a person’s kitchen and telling them that they could not eat a particular food item.
However, Chief Minister Devendra Fadnavis on Tuesday denied in the Assembly that the government has no such plan to ban meat of other animals other than beef of bulls, calves and cows in the state.
“I have spoken to the Advocate General who has said that his statement in the court yesterday (Monday) has been misinterpreted,” Fadnavis said in the state legislative assembly.
The court is hearing petitions to decide if section 9 (A) of the Act which stipulates imprisonment of one year and fine up to Rs 2000 for contravention of the provisions pertaining to the possession of beef is justified.
It is also considering if a provision under section 5 (d) of the amended act that prohibits consuming or possessing beef of slaughtered cow, bull and bullock outside state is justifiable to be criminalised in Maharashtra state.
The matter will now come up for hearing on April 20 when the government is asked to file its reply in the form of an affidavit.
Related:
Maha beef ban after effects: 20 lakh Quresh community members left jobless
Traders from all religions unite at Azad Maidan to protest Maharashtra’s beef ban