'Reasonable' restriction on beef does not violate fundamental rights: Maharashtra govt

Beef ban divides India's opposition parties which claim that the bill would cause hardship to farmers

MUMBAI: Justifying its new beef ban law before the Bombay High Court  on Monday, the Maharashtra government claimed the move was a ''reasonable restriction'' which does not violate human rights. 

An affidavit provided by the state animal husbandry department, submitted to the court by Advocate General Sunil Manohar said that the law, which criminalizes possession of beef, does not violate fundamental rights.

The bill, which bans cow slaughter and possession of cow meat in Maharashtra, divided India's opposition parties Congress and Nationalist Congress Party -- with the latter saying that the bill would cause hardship to farmers.

Read: Northern India state strengthens beef ban

This is not the first time the Indian state of Maharashtra has seen such a ban.

In 1976, the Maharashtra government enacted a law banning the slaughter of cows. In 1995, the government makes changes to the law by the Maharashtra Animal Preservation (Amendment) Act, which banned the slaughter of bulls and bullocks as well. Twenty years later in February 2015, the President of India granted sanction to the law. The Maharashtra government notified the law in March 2015.

Read: Indian president approves ban on beef in Maharashtra

The state said that the cow, and its progeny were the backbone of Maharashtra's agrarian economy and to protect it and also to prevent cruelty to animals the law was brought into effect.

The government also clarified that in the affidavit there is not a total ban on import of meat or livestock.

"The only ban is for the possession of meat/flesh of cow progeny within the state of Maharashtra and there cannot be trade or commerce of meat/flesh of cow progeny. All other kind of meat including that of buffalo is permitted to be possessed,'' stated the affidavit.

The petitioners have challenged the beef ban law and have questioned section 5D of an act that criminalizes possession of beef and in turn its consumption.
The division bench of justice V M Kanade and justice M S Sonak has scheduled the case for further hearing on Tuesday April 21, 2015.

This article originally appeared on The Times of India