Bombay HC stays govt's meat ban

But allows closure of slaughterhouses

The Bombay High Court on Monday stayed the September 17 ban on sale of meat announced by the Maharashtra government.

However, the court allowed the closure of slaughterhouses in view of the Jain fasting month of Paryushan.

In the country's commercial capital, the Municipal Corporation of Greater Mumbai (MCGM) had announced a meat ban on September 13 and 18, while the Maharashtra government had announced it for September 10 and 17.

However, in the wake of protests on social media and political parties including the Shiv Sena, the Congress, the NCP and the MNS, the MCGM on September 11 withdrew its circular, keeping open the option of going ahead with government directives.

BJP in spot

The BJP, which leads the saffron alliance government in Maharashtra, had come under fire from various quarters.

On Monday, a division bench of the Bombay High Court consisting of Justices Anoop V Mohta and Amjad Sayyed, gave the brief order while hearing a PIL by the Bombay Mutton Dealers Association (BMDA).

“We are staying the ban on sale of meat on September 17. We are not interfering with the ban on slaughter of meat and closure of abattoirs on September 17,” noted the bench.

It further observed that though the Maharashtra government had issued a circular in 2004 banning meat sale on two days during the Jain festival, it was never fully implemented in its true spirit, and the MCGM never insisted on ban on meat sale, despite insisting on banning animal slaughter.

Raising a larger issue, the court noted: “If it is a question of practice of non-violence by the Jain community, why have only mutton and chicken been included in the ban and not fish and eggs? You (Jains) do not have a problem if slaughter of animals is done on some days. If ahimsa (non-violence) is on your mind, why this alternate-day permission (and not a blanket ban)?”

The BMDA had contended that the ban on meat was unconstitutional and affected their livelihoods, besides going against the Constitution's secular fabric.

Similar bans were imposed in the neighbouring Mira-Bhayander and Navi Mumbai municipal corporations. However, the court did not pass any order on these corporations, saying: “Nobody has come forward to challenge the ban there.”

On Sunday, a group of Jain leaders and religious heads had met Shiv Sena president Uddhav Thackeray to sort out the issue. “As far as the Shiv Sena is concerned, this controversy has ended. But we must find out how it all started and who is responsible for it,” said Thackeray.