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Bombay HC strikes down criminal possession of beef brought from outside Maharashtra
The ban on beef and cattle slaughter will remain in Maharashtra but it will no longer be illegal to keep or eat beef from outside the state, Bombay High Court said today.
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Bombay High Court today decriminalised possession of beef where animals are slaughtered outside the state.
After the infamous Dadri mob lynching case, where a man was lynched to death for allegedly consuming beef, the nation has become very sensitive towards the issue of beef storage and consumption. The amendment introduced in February 2016, however, included the prohibition of the slaughter of bulls and bullocks, as well as the possession and consumption of their meat.
Arif Kapadia, a Mumbai resident, and noted lawyer Harish Jagtiani had challenged the provision which says mere possession of beef anywhere in the state is a crime. That provision said that if a person sell or transports cows, bulls or bullocks, it would be presumed that it was meant for the goal of slaughter and he could be prosecuted. According to the court order, one can possess and consume beef if the animal is slaughtered outside Maharashtra. The court was hearing several petitions questioning the validity of the ban.
However, the SC upheld the Maharashtra government’s decision to ban the slaughter of bullocks in the state.
Friday’s ruling, which came after the court heard a number of petitions against the legal amendment, made no concessions to those in the slaughter trade. Under the law, anyone found selling beef or being in possession of it can be jailed for five years and fined Rs. 10,000.
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“However, section 5(d) of the Act which criminalises possession of beef infringes upon a person’s Right to Privacy under Article 21 of the Constitution of India and hence is liable to be struck down”.