Bombay HC Upholds Maharashtra Beef Ban, Decriminalises Possession

The Bombay High Court however, said possession of beef brought from outside the state is not criminal.

The Bombay High Court on Friday upheld the Maharashtra government’s decision to ban the slaughter of cows and bullocks in the state.

However, the court struck down the section in the Maharashtra Animal Preservation (Amendment) Act that criminalises possession of beef brought from outside the state.

Earlier in January, a division bench of justices AS Oka and SC Gupte had reserved the ruling after hearing arguments.

In February 2015, the President had granted assent to the Maharashtra Animal Preservation (Amendment) Act. While the original 1976 Act banned slaughter of cows, the amendment prohibited, in addition, slaughter of bulls and bullocks and possession and consumption of their meat.

As per the Act, slaughter attracts a five-year jail term and Rs 10,000 fine while possession of the meat of a bull or bullock attracts one year in jail and a fine of Rs 2,000.

Arif Kapadia, a city resident, and noted lawyer Harish Jagtiani had challenged the provision which states that mere possession of beef anywhere in the state is a crime. This is arbitrary and undermines the cosmopolitan nature of the city that houses people from all religions and communities, they contend.

Other petitions have been filed by Vishal Sheth, a lawyer, and Shaina Sen, a student, contending that the ban on beef violates fundamental rights of citizens.