Privacy ruling to have bearing on beef ban cases: SC

“The judgment will have some bearing on these cases,” the bench of Justices A K Sikri and Ashok Bhushan remarked while hearing cross-appeals against the Bombay High Court order decriminalising possession of beef in case the animal was slaughtered outside the state even as it upheld the ban on slaughtering of milch cattle.

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Some voluntary groups, as well as the State of Maharashtra, have challenged the High Court order. The challenge raised by the Maharashtra government is pending before a different bench of the court.

A day after a nine-judge Constitution Bench of the Supreme Court ruled unanimously that right to privacy is a fundamental right, a two-judge bench of the court observed that the privacy ruling will have a bearing on the Maharashtra beef ban case pending before it.

“The judgment will have some bearing on these cases,” the bench of Justices A K Sikri and Ashok Bhushan remarked while hearing cross-appeals against the Bombay High Court order decriminalising possession of beef in case the animal was slaughtered outside the state even as it upheld the ban on slaughtering of milch cattle.

Some voluntary groups, as well as the State of Maharashtra, have challenged the High Court order. The challenge raised by the Maharashtra government is pending before a different bench of the court. Senior counsel C U Singh, who appeared for some of the petitioners who have challenged the prohibition, referred to the nine-judge bench verdict on privacy as a fundamental right. Senior counsel Indira Jaising, who also appeared for these petitioners, said the privacy judgment protected one’s right to eat food of their choice.

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Jaising also sought a review of the Supreme Court’s 2004 judgment in the State of Gujarat vs Mirzapur Moti Kureshi Kassab case in which a seven-judge bench had imposed a total ban on slaughter of bovines even if unproductive.

Jaising said there were other larger issues which she was raising besides privacy and that it should be heard by a larger bench. The court adjourned the matter for two weeks. At the next hearing, it will decide on the plea for a larger bench to take up the matter.

Ananthakrishnan G

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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