Under the State Act of 1976, there was a ban on Cow slaughter and possession and consumption of the meat.
Maharashtra Govt. has moved the Supreme Court challenging Bombay HC’s verdict which had decriminalised the possession of the beef in case animals were slaughtered outside State.
It has challenged verdict of May 6,2016 striking down the Sections 5(d) and Section 9(b), Maharashtra Animals Preservation (Amendment) Act, 1995, which criminalised and imposed punishment on persons found in Possession of beef of the animals, slaughtered in or outside the State, on the ground that it infringed upon a person’s “Right to Privacy”.
High Court while holding “unconstitutional” provisions which held mere possession of the beef as crime, by enunciating that, “Only conscious possession of the meat of animals slaughtered in the State would be an offence”.
Appeal would come up for the hearing tomorrow before Supreme Court Bench comprising of Justice R K Agrawal and Justice A M Sapre.
The plea filed through the Advocate Nishant R Katneshwarkar, has assailed the judgement stating that restriction imposed by the 1995 Act on possession of the flesh of cow, bull or the bullock could not be interpreted and concluded to be an infringement of “Right to Privacy”.
The further states that,”High Court while coming to finding that Right to Privacy forms part of Fundamental Right to Personal Liberty guaranteed under the Article 21, Constitution, ought to have appreciated that the Right to Privacy has not yet been designated as Fundamental Right”.
Judgement of HC had come on a batch of petitions filed in High Court challenging constitutional validity of Act and in particular, possession and consumption of the beef of animals slaughtered outside Maharashtra.
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