Beef Ban: Police should not invade the privacy of citizens, says Bombay HC

Mangalore Today News Network

New Delhi, Apr 29, 2015: The Bombay High Court directed the Maharashtra government not to take any coercive action for three months against those who are found in possession of beef of legally slaughtered animals in the state and said that the police should not invade the privacy of citizens.

“We are of the view that the state not having granted reasonable time for disposing of beef products is admittedly unwarranted,” the HC said.

The court, however, clarified that it was not staying Section 5 D that restricts people from bringing beef from outside the state and consuming it. This provision was challenged by a bunch of petitions.

“No FIRs will be registered against possession of beef. At most, if any illegal slaughter is made then FIR shall be registered,” said Justices V M Kanade and M S Sonak.

During the course of arguments, the court had heard that the police could enter restaurants and harass citizens, as it will be difficult to distinguish if it was the meat of buffalo or a bull or bullock being eaten.

The Maharashtra Animal Preservation (Amendment) Act, 1995 prohibits sale or possession of beef and those found in posession can be jailed for five years and fined Rs 10,000.

The court also allowed the applications of interveners who had opposed the petitions challenging the ban of procurement from outside.

The HC asked the state to file a detailed affidavit in response to the petitions within four weeks from today. The petitioners will have file a reply to that within two weeks thereafter.

“In the privacy of your home, these kind of intrusion can be expected. Even when you are in a restaurant having buffalo meat, policeman can come and ask what you are eating and harass,” the petitioners had earlier argued.

The ban on cow slaughter was enforced two decades ago, however, there was no restriction on slaughter and consumption of cow progeny until now, the petitioners had said.

“The choice of food cannot be out of necessity….Humans have no right over the life of animals. Bulls and bullocks are are saying ‘save our lives’,” said an intervening application by Akhil Bharat Krushi Gau Seva Sangh and Dr Vinod Kothari. The state had earlier defended its decision to ban beef in the state by telling the court that eating it was not a fundamental right.

The HC will now hear the case on June 25.

 

Courtesy: Indianexpress