Mumbai: The Government of Maharashtra contended before the honourable High Court of Bombay that by reason of economy of the State is depending predominantly upon agriculture, the need protection and preservation of animal such as Cows, Bulls and Bullocks is of great concern. The said contention was preferred by the State Government for justifying its ban on slaughtering of Cows, Bull, etc. and the consumption of meat thereof, which is being under controversy.
Under an Affidavit filed by the Maharashtra Government it is stated that the announcement of said ban comes within the provisions of the Maharashtra Animal Preservation (Amendment) Act, , which was assented by the honourable President of India. And the same was not in violation of the Citizens’ fundamental rights guaranteed under the Constitution of India relating to food of one’s own choice.
The Affidavit was filed in relation to the bunch of Petitions challenging the aforesaid Ban of Government, which was introduced in the current year in early of this Month. The Deputy Secretary, Animal Husbandry, Agriculture, Dairy Development and Fisheries Development Department, Chitrakala Suryavanshi has filed the said affidavit contesting on behalf of the State Government.
It was seen in that the said bunch of petitions were challenging the provisions of Section 5(d) and Section 9(a) of the aforesaid Act, wherein a prohibition is provided in respect to possession and consumption of meat of Cow, Bulls and Bullocks, even where such animals have been slaughtered outside the territories of State of Maharashtra. In other words, the Petitions are to challenge ban on importation of Meat of such animals in the State.
Opposing the said challenges under the petitions, the stand of Government is that the provisions of said Sections are not having any lacuna in respect of legislative competence or even such provisions are not derogatory of Fundamental rights enshrined under Indian Constitution.
The law made by the State’s law making authority will prevail over the existing law, if the same had received the assent from the honourable President of India, as contended by the State Government in the said affidavit, while refuting the contentions of the Petitioners as to prohibition on importation of the Meat of those animals in the State. Also the affidavit contends that the concerned enactment was enacted for effecting the certain Articles of the Constitution of India. Besides, the Government also contended about the need of those animals in relation to agriculture, on which the major State economy based.
by Faim Khalilkhan Pathan.