[merlot daruwala]

http://timesofindia.indiatimes.com/india/Beef-ban-law-is-reasonable-restriction-does-not-violate-fundamental-rights-Maharashtra-govt-to-HC/articleshow/46986689.cms wrote:

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.

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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.

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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''.

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The division bench of justice VM Kanade and justice MS Sonak has scheduled the case for further hearing on Tuesday April 21, 2015.

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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.