A senior advocate has filed a public interest litigation (PIL) challenging a provision in the Maharashtra Animal Preservation (Amendment) Act, which bans consumption and possession of flesh of cows, bulls or bullocks slaughtered outside the state.
A senior advocate has filed a public interest litigation (PIL) challenging a provision in the Maharashtra Animal Preservation (Amendment) Act, which bans consumption and possession of flesh of cows, bulls or bullocks slaughtered outside the state.
The PIL filed by senior lawyer Harish Jagtiani was mentioned before a division bench of justices VM Kanade and AR Joshi on Wednesday.
The HC has kept Jagtiani's PIL for hearing on April 6 along with a similar petition filed by one Arif Kapadia.
Jagtiani's PIL has challenged section 5 (d) of the Act which prohibits possession and consumption of the meat of cow, bull and bullocks, irrespective of where they are slaughtered. The petition seeks that the flesh of these animals, if slaughtered outside Maharashtra, should be allowed inside the state.
The petition challenges section 9 (A) of the Act, which stipulates imprisonment of one year and fine of up to Rs2,000 for contravention of the provisions pertaining to the possession of beef, and sections 5 (d) and 9 (a), which say no person shall possess the flesh of any animal, the slaughter of which is prohibited, even if the animal is slaughtered outside Maharashtra.
"By banning possession, the state has effectively banned import of meat in Maharashtra. The Act and its provisions can be applied only to cattle slaughtered in Maharashtra, not to cattle slaughtered outside. These sections banning possession are excessive, arbitrary and draconian," Kapadia's petition read.
It has sought that the court grant interim relief by directing the government not to initiate action against any person found in possession of flesh of cattle slaughtered outside Maharashtra.
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