The state government if required will move to Supreme Court against the Bombay High Court ruling, striking down some sections of its Maharashtra Animals Preservation (Amendment) Act passed in March 2015 as “unconstitutional”, stated Chief Minister Devendra Fadnavis here yesterday. Speaking to newspersons, CM argued that by upholding the ban on slaughter of bulls and bullocks in the state the HC has reaffirmed that our law is constitutional and that it is not targeted against any religion, caste or creed.
The Chief Minister admitted that the HC has struck down two provisions of the law one on the possession of beef brought into the state from other state where there is no beef ban. The other provision that was struck down related to placing the onus of proving innocence on the accused. Fadnavis argued that the court argued that in the case of possession of beef brought from other state was in contravention of inter-state transport. Secondly the court argued that like in cases of other laws the onus of proving the guilt has to be with the prosecution. Fadnavis stated that the government will consult its lawyers and if need be move to the SC against the HC ruling, striking down the two provisions of the act.
The Bharatiya Janata Party (BJP) led government had in March 2015 enacted the Maharashtra Animal Preservation (Amendment) Act which banned the slaughter of bulls and bullocks. This was in addition to an earlier ban on the slaughter of cows. The law has provisions that makes the sale of bulls, bullocks for slaughter a crime, punishable with a jail term of up to five years and a fine of Rs 10,000. The law had provoked sharp reactions from those who consumed beef on grounds that it violated their fundamental rights. However, the HC in its ruling has upheld the ban imposed on slaughter of bulls and bullocks in the state.