Bombay HC upholds ban on cow slaughter, but says beef possession not a crime

The High Court said possession of beef brought in from outside the state would not attract criminal charges

The Bombay High Court on Friday upheld the state government’s ban on slaughter of cows and bullocks in Maharashtra, but struck down a statute that sought to criminalise possession of beef, saying possession would not attract charges if brought from outside the state.

In February last year, Maharashtra government enforced a beef ban after President Pranab Mukherjee gave his assent to the Maharashtra Animal Preservation (Amendment) Act (MAPA Act). 
 
The slaughter of cows was already prohibited in the state under Maharashtra Animal Preservation Act, 1976. The new Act also bans slaughter of bulls and bullocks, previously permitted on a fit-for-slaughter certificate.

 
Under the new Act, slaughter of livestock was to attract a five-year jail term and Rs 10,000 fine while possession of meat would attract one-year in jail and Rs 2,000 fine.

Justices A S Oka and S C Gupte were hearing a petition filed by a Hindu-Muslim-Christian coalition of 29 Mumbai residents, had sought an interim stay on section 5 (d) of the Maharashtra Animal Preservation (Amendment) Act (MAPA). This provision made it a criminal and cognisable offence to possess beef, even if the animal was slaughtered outside Maharashtra where it is legally permissible, punishable with a jail term of up to one year.

The petitions had opposed the ban on slaughter of cows, bulls and bullocks, and consumption and possession of their meat, introduced under MAPA, even if the animals were slaughtered outside Maharashtra. According to the petitions, this prohibits import of meat. The petitions had said the ban violates the fundamental rights of a person to have his choice of food.

However, the Advocate General Sunil Manohar argued that consuming beef was not a fundamental right.

(More details awaited)