By A Mirsab, TwoCircles.net,
Friday’s Bombay High Court decision in regards with the ban on slaughter of bulls/bullocks in Maharashtra is neither completely against the government’s amendment to Maharashtra Animal Preservation (Amendment) Act nor does it restrict beef eaters from consuming beef in Maharashtra.
The high court tried to keep balance between the interests of both by allowing ban on slaughter of beef in the state while also allowing people to consume beef imported from other states. Thus the decision is in fact a ‘win-win’ situation for both.
The court was hearing over several writ petitions and PILs filed by activists, lawyers and farmers challenging the beef ban and the constitutional validity of the amended law. After reserving the order in January this year, the division bench of Justice A S Oka and Justice S C Gupte on Friday provided its detailed reasoned judgment of 245 pages.
Highlights of the judgment
The division bench justified the prohibition imposed in state on slaughter of a cow, bull or bullock and upheld the constitutional validity on ban of slaughter, transport or export of products made from bovine flesh within the state.
The court struck down the provision of law dealing with procurement of beef from outside Maharashtra. Terming unconstitutional and in violation of the Right to Life, the court said preventing citizens from possessing the flesh of a cow, bull or bullock slaughtered outside the state amounts to prohibiting a citizen from possessing and consuming food of his choice.
Meaning, the court struck down provisions for conviction of a person for one year and a fine of Rs 2,000 for import of such meat. It also struck down the right of police or any other authority to stop or search a vehicle carrying bovine flesh slaughtered in another state.
Regarding another section of the amended Act, under which the burden of proving innocence on being arrested for slaughter, transport, export, sale, purchase or possession of beef is on the accused, the court held it unconstitutional saying that it is easier for the prosecution to provide evidence that the slaughter was in contravention of the Act than for the accused to bear the burden of showing otherwise.
The provision allowing right to police or any other authority to stop or search a vehicle used or intended to be used for the export of cow, bull or bullock is also struck down by the court.
Implications of the Judgment
Beef can now be imported from other states in Maharashtra and restaurants can serve beef without any hesitation. The court clearly said when a person procures beef from a place where it is legal to consume and possess beef, the law cannot prohibit him from eating it here.
Random arrests for possession of beef are likely to go down because the court has put onus to prove the guilt of accuse on police. Police will have to prove that the accused had knowledge that the beef so seized was not slaughtered outside of Maharashtra, which is very difficult to prove.
The slaughter houses can now see beef and the butchers will be able to sell exported beef as long as they keep a proof to show that the beef is procured from outside of Maharashtra.
Now that restaurants in Mumbai and Pune can legally serve beef, the import will increase in Maharashtra and thus the need of exporting bovines from Maharashtra to adjacent states will increase. Therefore even though the ban on transporting cows, bulls and bullocks for the purpose of slaughter in other states will still be in force but it would give rise to smuggling of bovines at the borders of state.
During Eid-ul-Dhuha (Bakr Eid) Maharashtra Muslims will now be able to sacrifice bullocks or bulls outside of Maharashtra in the adjacent states and can bring its meat to Maharashtra. The Bombay High Court judgment will be a respite for them as they would be able to carry beef without fear of being beaten up by radical right wing activists.
Related:
HC upholds Maharashtra beef ban, decriminalises possession