No ban on cow slaughter or beef, says Kerala High Court

The division bench felt that its interference in the notification was unwarranted.

Written by Shaju Phillip | Thiruvananthapuram | Published:May 31, 2017 9:39 pm
kerala hc, beef ban, india news, indian express news The bench observed that there is no ban on beef consumption or cow slaughter. (Representational Image)

OBSERVING THAT there was no constitutional violation in the Centre’s notification banning sale and purchase of cattle for slaughter at animal markets, a division bench of the Kerala High Court on Wednesday dismissed as withdrawn a public interest litigation (PIL) challenging the order. The division bench of Chief Justice Navniti Prasad Singh and Justice Raja Vijayaraghavan also expressed surprise at the order of the Madurai bench of the Madras High Court, which had, on Tuesday, granted a four-week stay on the Centre’s notification.

The division bench felt that its interference in the notification was unwarranted.

The bench observed that there is no ban on beef consumption or cow slaughter. The new notification does not impose any restrictions on the sale of beef or slaughter of cattle, it said, adding that the restrictions were on the sale of cattle used for agriculture purpose at animal markets. The rules did prevent anyone from buying or selling cattle outside the market, it said.

The PIL was filed by Youth Congress state general secretary T G Sunil, who sought a stay on the notification on the ground that it was issued during Ramzan, and would hurt religious harmony in Kerala. He argued that the notification violated fundamental rights.

Following the high court’s interpretation of the notification, the petitioner withdrew the PIL.

Meanwhile, a single-judge bench of the high court reserved its order on two writ petitions challenging the Prevention of Cruelty to Animals (Regulation of Livestock Market), Rules, 2017. The writ petitions, filed by Kozhikode district meat workers association and Congress legislator Hybi Eden, sought a stay on the Centre’s notification.

The petitioners argued that the rules infringe upon Articles 14, 19 & 21 of the Constitution, and also amount to encroaching on the powers of the state legislatures.

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  1. F
    Firose Pareed
    Jun 7, 2017 at 3:55 pm
    I hope this high court judge sees this comment. Let me explain in simple terms why there is a ban. Suppose u have some money and someone else needs some money. What do they do? Either they can give the money to each other at an extra ordinary interest rate or They can entrust a bank to do it at a cheaper rate. Cheaper rate is possible because the pool of funds they create by doing it in a large scale as a business. It is businesses that usually uses the marketplace to sell cattle for slaughter. By forbidding businesses to sell cattle in a marketplace for slaughter. U are essentially driving up beef price. Which is equivalent to a ban for people who cannot afford it anymore. I hope there is a lawyer good enough to make this judge understand or maybe he is biased and there is no point explaining. If its the latter, this comment is useless.
  2. O
    Jun 1, 2017 at 2:53 pm
    Cow was never sacrificed in Vedic rituals. Only un castrated bulls were . castrated bullocks pul carts were also unfit for sacrifice. Goats were also sacrificed. All Hindus is saying do not kill cows. You need to differentiate beef of cow, stallion cow-bulls, bullocks, buffalo-bulls and buffaloes. Beef of buffalo bulls, stallion cow-bulls were eaten as part of Vedic rituals. There is no confusion in Sruti (vedas) , smritis and puranas regarding the above said and status of cow. Indian secularism is sarva dharm samabhavana (respect of all religions) but looks like , secularism means respect islam, then Christianity and other religions in that order and abuse Hinduism. There are many laws in India which give special status to Islamic tenets and that of other religions. Point out a single rule which shows any respect to Hinduism or anything in accordance with tenets of Hinduism?