Mere beef possession no crime: Court

Shiv Kumar

Tribune News Service

Mumbai, May 6

The Bombay High Court today upheld the Maharashtra Government’s decision to ban the slaughter of cows and bullocks in the state. However, it struck down the provisions of the law that banned the import and possession of beef.

Striking down provisions of the Maharashtra Animal Preservation Act, 1976, under which the sale and consumption of beef was made punishable with a five-year jail term and fine, Judges Abhay Oka and SC Gupte said these violated the right to privacy and the right to choice of food guaranteed under Article 21 of the Constitution.

“We are upholding the Constitutional validity of the provisions of the Act which bans slaughter of bulls and bullocks.They are valid and legal,” the court said. However Section 5 (C) of the Act which criminalised mere possession of beef has been changed to “conscious possession of beef.”

Simply put, it means if a person found with beef does not have prior knowledge of the meat, he cannot be prosecuted. “Only conscious possession can be held as an offence,” the court said.

The Maharashtra Government had last year notified an amendment to the old law under which slaughter of even old cows and bullocks not useful for farming was banned. Shortly after the law came into effect, several petitions challenging it were filed before the Bombay High Court.

“The court has ruled that the law banning complete slaughter of cows and bullocks is Constitutional. However, provisions regarding inter-state transportation have been struck down. On this we will consult lawyers and if need be approach the Supreme Court,” Chief Minister Devendra Fadnavis told the media.

Meanwhile, butchers, who earn a living slaughtering bulls and bullocks, said their association would approach the apex court. “We will move the Supreme Court pleading that the slaughter of bulls and bullocks aged above 16 and sale of their beef in Maharashtra be allowed,” Arif Chowdhury, who heads a group of Qureshi butchers, told the media.