State may extend beef ban to other meat: Maharashtra government tells High Court

Maharashtra government has the power and might extend the ban on possession and consumption of cow, bull and bullock meat to other meat as well, Advocate General Sunil Manohar had said the Bombay high court on Monday. "This is just the beginning. We may consider banning slaughter of other animals too. As of now the state felt it was necessary to protect cows, bulls and bullocks," said Manohar.

He was responding to a question by a division bench of justices VM Kanade and AR Joshi as to why the government, under the Maharashtra Animal Preservation (Amendment) Act, has brought in a ban on slaughter, possession and consumption of cow, bulls and bullocks alone and not other animals. "What about other animals like goat?" justice Kanade had asked.

To Manohar's reply that it cannot be ruled out, Justice Kanade remarked on a lighter note: "That may lead to migration from the state. Don't consider a ban on fishes though."

The HC is hearing a bunch of petitions challenging a provision under section 5 (d) of the recently amended Act which bans possession and consumption of meat of animals like cow, bull and bullock. According to the petitioners, the flesh of these animals, if slaughtered outside Maharashtra, should be permitted inside the state.

The court suggested that the government can have a licence policy by which import of meat of cattle slaughtered outside the state can be permitted.

"Section 5(d) of the Act, which is under challenge, does not prohibit slaughter of cattle outside the state. Why should a person be prevented from consuming or possessing beef slaughtered outside? Indirectly you (government) are prohibiting slaughter of animals outside the state too," said justice Kanade.

Senior counsel Aspi Chinoy, appearing for one of the petitioners, argued that section 5 (d) of the Act was arbitrary and against the fundamental right of a citizen. "If the object of the Act was to preserve cattle in Maharashtra, then import of meat should be permitted," he said.

Manohar, however, objected. "How can the state say that slaughter of cattle in Maharashtra alone amounts to cruelty. The Act prohibits import also," he said.

400-500 animals killed daily for meat at the Deonar slaughter house alone before the cow slaughter ban was extended to bull and bullock. 

• 50% the numbers came down by half after the ban. (Beef from bull and bullock would be around 200 kg on an average; from buffalo, it would be an average of 225 kg)

10,000 kg beef, on an average, sold daily in city. “A similar quantity of beef, slaughtered illegally elsewhere, also makes way to city hotels and some Muslim pockets through trucks and tempo,” said Mohammed Ali Qureshi, president of Mumbai Beef Dealers' Association. 

• 3,000  goats slaughtered daily in city (No much change in sale and consumption pattern before and after the extended beef ban)

The petitions have also challenged section 9 (A) of the Act which stipulates imprisonment of one year and fine up to Rs 2000 for contravention of the provisions pertaining to the possession of beef.

The HC has asked the government to file its reply and kept the matter for hearing on April 20.

What the amended law says

The President, recently, gave his assent to the Maharashtra Animal Preservation (Amendment) Act. While the old law notified in 1976 banned the slaughter of cows, the new changes banned slaughter of bulls and bullocks as well. The sale of bulls, bullocks for slaughter has been made a crime, which is punishable with a jail term of up to five years and a fine of Rs 10,000. The possession of meat of a cow, bull or bullock is also an offence which can be punished with one-year jail and a fine of Rs 2,000.