I/II. http://timesofindia.indiatimes.com/city/mumbai/Hindus-among-multi-religious-group-of-29-petitioners-challenging-Hindu-law/articleshow/46993122.cms
Hindus among multi-religious group of 29 petitioners challenging 'Hindu law' Shibu Thomas,TNN | Apr 20, 2015, 11.36 PM IST Mumbai: ***In a new petition, a multi-religious, Hindu-Muslim-Christian coalition of 29 Mumbaikars has challenged the new beef ban law, claiming the Maharashtra government's aim is to impose its version of "Hindu law". The petitioners who include filmmakers, women's rights activists, professors, medical practitioners and students have targeted Section 5D of the Maharashtra Animal Preservation (Amendment) Act that criminalizes possession of beef and, in turn, its consumption.*** [Emphasis added.] While the state had claimed the law was brought in to preserve cows, bulls and bullocks, the petition claims the ban on possession of even beef imported from outside the state seemed to have another motive. "The obvious and underlying reason for criminalizing the possession of beef, including that slaughtered outside Maharashtra, can only be an undeclared religious purpose," said the petition. "As it is believed (wrongly) that the Hindu religion does not permit eating of beef, the present amendment seems to have been passed. Thus, the state of Maharashtra has passed a law, which is mainly to implement its version of Hindu law." The petition claims that the new law violates the Constitutional rights "which requires citizens to cherish the rich composite culture of India". Bombay high court is scheduled to hear the case of the petitioners, who will be represented by their lawyer Mihir Desai, on Tuesday. The petitioners claimed to have filed the case on behalf of beef consumers across religions. "Apart from Catholics and Muslims, a large number of Hindus, more so the Dalit communities, as well as tribals are known to consume beef as part of their ordinary diet," said the petition. They contended that even if one were to purchase raw beef or tinned beef products from Goa or US where it is legally slaughtered, into Maharashtra, a person could be prosecuted under the new law and, if convicted, punished with up to one year in jail. "(The law) is an encroachment on the fundamental right to life and personal liberty of the petitioners, their right to eat the food of their choice, food which they have eaten all their lives and is an essential part of their diets," said the petition. They have also challenged the legality of the law, which was framed in 1995, but the Presidential assent was received 20 years later in 2015, without any study or survey on the changed circumstances. the changed circumstances. II. http://timesofindia.indiatimes.com/city/mumbai/No-fundamental-right-to-eat-beef-Maharashtra-govt-tells-HC/articleshow/47000068.cms No fundamental right to eat beef: Maharashtra govt tells HC Shibu Thomas,TNN | Apr 21, 2015, 04.01 PM IST MUMBAI: The Maharashtra government on Tuesday told the Bombay high court that there was no fundamental right to eat beef. A division bench of Justice VM Kanade and Justice MS Sonak is hearing petitions challenging the state's new law the Maharashtra Animal Preservation (Amendment) Act that bans the slaughter of bulls and bullocks along with cows. ''It is not a fundamental right of a citizen to eat the flesh of cow and its progeny,'' said advocate general Sunil Manohar. ''It cannot be said that a citizen can eat what he wants. A person cant claim that he has a right to eat wild animals that are protected like the wild boar or deer. The right to choice of food operates till such a time that there is a valid law to control and regulate it. The MAPA Act is a valid law,'' added the advocate general. The state was responding to petitions claiming that the beef ban law was a violation of the fundamental right to life (Article 21) that includes the right to choice of food. The state also claimed that provisions of the MAPA Act that criminalized bringing beef into the state and its possession even if the animal has been slaughtered outside Maharashtra was necessary for proper implementation of the law. The advocate general said that the complete ban was essential to curb illegal trade and evasion of law. The Maharashtra government had claimed that it brought in the beef ban law to protect the cow and its progeny due to the many benefits of the animal -- from milk to use of its dung and urine for making pest repellents and medicinal products. In an affidavit filed before the Bombay high court by Chitrakala Suryawanshi, deputy secretary (animal husbandry department) justified the Maharashtra Animal Preservation (Amendment) Act that bans the slaughter of bulls and bullocks along with cows, the government pointed to state's agrarian economy and said that the ban was a ''reasonable restriction.'' The affidavit was submitted by Maharashtra advocate general Sunil Manohar. Besides cow milk, which the state claimed scientific research had shown to be valuable, its dung and urine was a source of fuel, manure and biogas, the affidavit said. "The waste is also used for preparing pest repellants and medicinal formulations which leads to improve public health,'' the state contended. The government denied that that the law, which criminalizes even possession of beef, violates any fundamental rights. ''It cannot be said that Simply because the possession of meat of cow progeny is banned so as to give complete effect to the directive principles of the Constitution, the right of citizen under Article 21 to have his own choice of food stands violated or stultified,'' the affidavit said. The state said that the cows, its progeny were the backbone of Maharashtra's agrarian economy and to protect it as well as prevent cruelty to animals the law was brought into effect. The court is hearing petition challenging the law from a range of Mumbaikars -- city residents Vishal Seth and Shaina Sen have filed a petition as consumers of beef, Jogeshwari resident Arif Kapadia had pointed to discrimination as flesh of bovine is banned, but now cow leather, while a coalition of Hindu-Muslim-Christian citizens have challenged the ban as violating their fundamental right to choice of food. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at http://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
