Bombay HC decriminalises possession of beef

A year after the Maharashtra government enacted a total ban on beef in the state, the Bombay high court relaxed the restrictions and struck down draconian provisions that could be misused by law-enforcement agencies and vigilantes.
A division bench of Justice Abhay Oka and Justice Suresh Gupte upheld the ban on slaughter of bulls and bullocks, along with cows, in Maharashtra, but struck down as “unconstitutional“ provisions that made it an offence to consume and possess beef that was brought from outside the state. The judges said the state could not dictate a citizen's “choice of food“.
Mere possession of beef would also no longer be a crime, with the HC reading the provision down to “conscious possession“ ­ the state will have to prove that the person had know ledge that the meat in his possession was the result of illegal slaughter.
The court struck down a third provision of the year-old law that fastened “presumption of guilt“ on the accused. The law said if a person sells or transports cows, bulls or bullocks, it would be presumed that it was meant for the purpose of slaughter and he could be prosecuted. This is now no longer available to the state. All three provisions, the state had insisted at the time of arguments, were required for proper enforcement of the law. A plea by the state lawyers for a stay on that portion of the judgement was rejected by the HC.
Chief minister Devendra Fadnavis said the court had upheld the law but added that the state will look into the order and decide if it wants to move the Supreme Court against the striking down of two provisions. While, according to the law, slaughter, transportation and sale attracts a prison term of up to 5 years, possession of beef brought in from outside the state could attract up to a year in jail.
A coalition of citizens of Mumbai from every community, that included filmmakers, journalists, women's rights activists and even a sitting MLA, had challenged the Maharashtra Animal Preservation (Amendment) Act, especially Section 5D, that made possession of beef brought from outside Maharashtra a crime.