Clarity on the beef ban achieved. Understand what it means?
Almost a year after the Maharashtra government imposed a beef ban in the state after the enactment of the Maharashtra Animal Preservation (Amendment) Act, 1976, which bans slaughter of bulls, bullocks, the Bombay High Court on Friday upheld the Act.
However, the High Court has said that mere possession of meat cannot invite criminal action, while striking down the relevant sections of the act. “Mere possession will be read down as conscious possession,” said the division bench comprising of Justice Abhay S. Oka and Justice S. C. Gupte while giving the judgement on Friday. This essentially means that unless someone is consciously bringing in meat into Maharashtra, the burden of proving his innocence is not on the person. This will also allow restaurants and hotels to sell imported beef in the state.
“We uphold the constitutional validity sections which bans slaughter in the state,” said the HC. The court, while striking down 5D (possession of meat slaughtered outside the state) and 9B that makes possession of such meat a criminal offence, said, “Section 5D that prohibits possession of the flesh of cow, bull or bullock slaughtered outside the State of Maharashtra infringes privacy and therefore it has been struck down. These sections infringe on a person’s right to privacy which is a fundamental right under article 21(right to life). We do not grant any relief to the government which had sought a stay on striking down of these sections from the act.”
Several petitions had been filed in the court against beef ban stating that the criminalisation of 5D was draconian. 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.
What does the Maharashtra Animal Preservation (Amendment) Act say...
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5A of the Act prohibits transport or export of cows, bulls or bullocks for the purposes of slaughter
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5B of the Act prohibits sale, purchase, distribution in any other manner of cows, bulls and bullocks.
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5C of the Act 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.
What this means for Mumbaikars
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Eating beef is not illegal anymore
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You can store beef in your fridge and not fear a house raid
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You can head to a hotel to satisfy your beef craving