Frame Policy Regulating Sale & Consumption Of Non-Veg Food Within 100 Metres Of Temples, Schools, Hospitals: Telangana High Court To State

The High Court of Telangana, in a recent judgement, has directed the State and Greater Hyderabad Municipal Corporation (GHMC) to formulate a comprehensive policy regulating the sale and consumption of non-vegetarian and meat products within a 100 m radius of places of worship, educational institutions or hospitals within four weeks. Justice B. Vijaysen Reddy passed the directions while disposing of a writ petition filed by a restaurateur, contending harassment by the police and municipal authorities, who were thereby exercising undue interference in the renovation works at his premises. The petitioner had leased a property in Red Hills, Hyderabad, to run a restaurant and had commenced renovation work on it. He contended that a trade licence from the GHMC and a registration from the Food Safety and Standards Authority of India (FSSAI) had also been obtained, in compliance with the Food Safety and Standards Act, 2006. It was argued that, on the premise that the restaurant proposed to sell non-vegetarian food and was situated near a Hanuman temple, the police officials, along with other authorities, had been repeatedly harassing him under the guise of preventing law and order problems and managing traffic, thereby interfering with the renovation works undertaken by the petitioner. He further submitted that the authorities forcibly detained a worker from the property and alleged of being “selectively targeted” because another restaurant, serving non-vegetarian food, had been operating unhindered in the same building. The respondent State, assailing the petition, argued that the petitioner's shop is located within 100 m of the Hanuman Temple, which is on the opposite side of the road. It was submitted that in accordance with Section 152 (1)(b) of the BNSS,2023, dealing with public nuisances, the sale of goods injurious to the community's health or physical comfort is prohibited and hence can be regulated. Thus, arguing that it was well within the rights of the Police to recommend that the concerned Executive Magistrate/ GHMC not grant a trade licence for the operation of a meat shop or for the sale and consumption of non-vegetarian food. Hearing the parties, the Court observed that the respondents “have not been able to cite any provision of law or any statutory rules which prohibit sale/consumption of meat/non-vegetarian food in the vicinity of a place of public worship”. However, acknowledging Rule Number 25 of the Telangana Excise (Grant of License of Selling by Shop and Conditions of License) Rules of 2012, as submitted by the respondent, which prohibits granting permission for the sale of liquor within a 100 m of places of public worship, educational institutes or hospitals, it noted that no similar provision existed under the GHMC Act. At the same time, the High Court took note of submissions relating to religious sentiments, the serenity of temple surroundings, and law and order concerns. “Be that as it may, the sale/ consumption of meat/non-vegetarian food within the precincts of temple may hurt the religious sentiments of devotees of the Hanuman temple. It is stated the Hanuman Temple had been in existence for more than hundred (100) years. It is commonly known that non-vegetarian food is completely banned within the precincts of a temple. Apart from the religious sentiments, it is also necessary to maintain serenity of the temple and hygiene in the temple surroundings. Further, the shop of the petitioner is stated to be situated on the road opposite to the Hanuman temple and at a distance less than 100 meters and there is possibility of traffic and law and order issues arising”, the Court remarked. Finding a void in existing provisions of law, the Court directed the State Government and GHMC to frame comprehensive policy guidelines regulating the sale and consumption of meat and non-vegetarian food within 100 metres of places of worship, educational institutions, or hospitals. It directed that the policy guidelines shall be framed “keeping in view the religious sentiments of the devotees of concerned temple/ place of worship, the people of particular faith, the serenity and hygiene, law and order and traffic issues”.Furthermore, a provision of issuing a No Objection Certificate from the concerned police station was also directed by the Court, as a measure to mitigate any law, order and traffic issues. Consequently, pending framing of such policy within four weeks, the Court directed that status quo as on the date of the order be maintained by the petitioner in respect of the premises. Case: Bipin Ramdas Ippakayal v The State of TelanganaCase No: Writ Petition No. 39344 of 2025Click Here To Read/Download Order

Frame Policy Regulating Sale & Consumption Of Non-Veg Food Within 100 Metres Of Temples, Schools, Hospitals: Telangana High Court To State

Preet Luthra

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