MUMBAI: The Maharashtra government on Monday justified its new beef ban law before the Bombay high court claiming it was a ''reasonable restriction''.
An affidavit of the state animal husbandry department, submitted to the court by advocate general Sunil Manohar, denied that the law, which criminalizes even possession of beef, violates any fundamental rights. ''It cannot be said that simply because the possession of meat of cow progeny is banned so as to give complete effect to the directive principles of the Constitution, the right of citizen under Article 21 (right to life) to have his own choice of food stands violated or stultified,'' the affidavit said.
The state said that the cow, and its progeny were the backbone of Maharashtra's agrarian economy and to protect it and also to prevent cruelty to animals the law was brought into effect. The government also clarified that the ban was only on the slaughter of cows, bulls and bullocks and the possession of flesh of these animals. ''There is no total ban on import of meat or livestock. The only ban is for the possession of meat/flesh of cow progeny within the state of Maharashtra and there cannot be trade or commerce of meat/flesh of cow progeny. All other kind of meat including that of buffalo is permitted to be possessed,'' added the affidavit. ''Though the provision may result in affecting the import of cow progeny flesh, the same is only incidental to the real nature and character of the enactment and hence cannot affect the competence of the legislature to enact (the law),'' the state said.
The government opposed any stay and pointed out that the law had received the President's assent and was ''in public interest''.
The petitioners, who have challenged the beef ban law questioned section 5D of the Act that criminalizes possession of beef and in turn its consumption. Senior advocate Aspi Chinoy, contended that the beef ban law was contrary to central laws like the Food Safety and Security Act and the Livestock Import Act that treats beef as a ''wholesome, and permissible food''.
The division bench of justice VM Kanade and justice MS Sonak has scheduled the case for further hearing on Tuesday April 21, 2015.
In 1976, the Maharashtra government enacted a law banning the slaughter of cows. In 1995, the government makes changes to the law by the Maharashtra Animal Preservation (Amendment) Act, which banned the slaughter of bulls and bullocks as well. Twenty years later in February 2015, the President of India grants sanction to the law. The Maharashtra government notifies the law in March 2015 and it comes into force across the state.
Searching for Solicitors in Manchester? We are an honor winning Manchester law office based right external Manchester downtown area. We furnish you with an expert lawful help and have been alluded to by our customers as outstanding amongst other firm of specialists in Manchester. Customers who utilize our administrations get back to us over and over. Regardless of whether your selling your property or are managing delicate family issues, our legitimately qualified staff can give you an outstanding lawful assistance. Our customers get back to us over and over on the grounds that we do an amazing job to accomplish the most ideal result for our customers
ReplyDeleteSearching for Solicitors in Manchester that manage Business and Commercial Law? Our objective is straightforward – to bring you proficient legitimate guidance that conveys the best ramification for your business. Discover a specialist in Manchester for center practice spaces of business - on agreements and acquisitions, protections, account, obligation recuperation, corporate and business law, case, tax collection, licensed innovation, business leases, and substantially more. Why not look at our Flexible Legal Solutions For Businesses bundle that will help your business across a wide-scope of lawful perspectives in a financially savvy way? We likewise stay on the beat of the most recent patterns in law and business to direct your business with proactive and protection lawful counsel that adds observable worth.
We comprehend that customers need reasonable, viable legitimate guidance from specialists in Manchester they trust. JMR Solicitors are a group of Manchester legal counselors that esteem trustworthiness and polished methodology. Our specialists have an unquenchable hunger for triumph and make progress toward greatness with regards to addressing our customers. Our customers get back to us consistently in light of the fact that we've been giving clear and customized lawful administrations in Manchester and past to people, families, and organizations for very nearly ten years. Reach us today and we will furnish you with reliable, proficient legitimate counsel, regardless of what life has tossed at you.
Phone: 0161 491 3933
0161 491 0450
business email: info@jmrsolicitors.co.uk
Website: https://jmrsolicitors.com/