Religion has nothing to do with beef ban: Maharashtra government to Bombay High Court

The ban on slaughter of cows, bulls and bullocks and consumption and possession of their meat has nothing to do with religion, contended the Maharashtra government on Wednesday.

Advocate general Sunil Manohar made the submission in the Bombay high court, which is hearing a bunch of petitions challenging the prohibition introduced under the Maharashtra Animal Preservation (Amendment) Act.

"The state government's contention is not that the ban is introduced due to religion," argued Manohar.

The government had to clarify its stand with regard to religion after advocates, representing a number of organisations that have filed intervening applications supporting the ban, argued that cow progeny was considered sacred in our country.

A division bench of Justices V M Kanade and M S Sonak agreed with the government's contention.

"According to the state government, religion has got nothing to do with the ban. This contention has neither been argued by the petitioners nor the state. So you (intervenors) please do not expand your arguments to this issue," remarked justice Kanade.

The court also wanted to know if it could, as part of judicial review, try to ascertain the real purpose behind the ban.

Advocate Subash Jha, appearing for one of the intervenors Vardhaman Parivar, sought to dwell in history and mythology to bolster his claims. He said in Mahabharata it has been said that cow progeny should be protected and preserved. Jha also gave the example of Mangal Pandey who had refused to touch cow meat.

Advocate Rakesh Kumar, appearing for another intervenor, argued that earlier cow progeny was not considered as sacred but now "it is (considered), looking at its utilities".

On Tuesday, the government had said that one did not have fundamental right to eat beef and that the state legislation could regulate consumption of choice of one's food. Manohar had argued that the petitioners', who are opposing the ban, contention that a person can eat anything he wishes to other than human flesh cannot be accepted.

The petitioners have challenged only sections 5 (d) and 9 (a) of the Act, which prohibit possession and consumption of meat of cow, bulls and bullocks even if the animals have been slaughtered outside Maharashtra. According to the petitions, this puts a ban on import of meat.

The HC will continue hearing the arguments on Thursday.