The ban on sale,storage and transport of beef or its products in Gujarat has been challenged in the High Court here by members of the Quresh community,claiming that the prohibition imposed by law has severely affected their business of selling meat. The petition was filed by Quresh Vikas Manch,a society of members from Quresh community who have challenged various sections of the Gujarat Animal Preservation (Amendment) Act,2011 claiming it to be unconstitutional and against their fundamental rights of trading in a food substance which has not been banned for consumption. Based on the petition a division bench of acting chief justice Bhaskar Bhattacharya and Justice J B Pardiwala issued notice to the Gujarat government and asked it to file an affidavit on the allegations made by the petitioner within four weeks. The next hearing is kept after the government files the affidavit. The state government had last year passed the Gujarat Animal Preservation (Amendment) Act,2011 whereby it amended the provisions of the Gujarat Animal Preservation Act,1954. As per the new amendment,trade,storage and transport of beef or any of its product was banned in the state of Gujarat,which was under challenge before the court. The petitioners,who are butchers engaged in selling of meat,have alleged that the amendment in the Animal Reservation act had severely affected their business. They have further claimed that the newly added sections 6A (3) read with 6A(1),6A(4),section 6B (1),6B (2),section 6B(3) and further section 8(1) to section 8(4) and 15(3),by which sale,storage,transport of beef was prohibited in Gujarat,were arbitrary,inconsistent with the Central Law,the Criminal Procedure Code,and Indian Penal Code. "It was also in violation of fundamental rights of the petitioner under Article 19(1)(g) and therefore unconstitutional," they added. "It is one thing to prohibit the slaughter of cow or her progeny for the purpose of preservation of a particular species of animal,but it is quite another thing to prohibit the trade,storage or sale of the product made out of beef,since beef itself is neither an illegal substance or a public health hazard,nor there is any ban against the consumption of beef even in the state of Gujarat," the petitioner's counsel Mukul Sinha argued before the court. "In an era of globalisation,where a commodity is brought and sold all across the globe,it is a mere arbitrary restriction to impose a ban on trade of a particular food stuff," he added. He also gave example of a person coming from abroad with beef product with him. He would also be liable for prosecution as per section 6B(1) of the Gujarat Animal Preservation (Amendment) Act,2011. The petitioner has demanded that the newly added sections be declared unconstitutional. It also sought interim relief in the form of stay on execution of the new section of the Act till the pendency of the petition.
