No Unrestricted Freedom To Sell Meat/Run Slaughter Houses On Religious Occasions Sans Complying With Food Safety Laws: Gujarat HC

The Gujarat High Court today held that there is no unrestricted freedom available to meat vendors, sellers, and slaughterhouse owners to do business in meat or to run slaughterhouses on the ground of religious occasions when they are otherwise non-compliant with the food safety laws. The bench of Justice NV Anjaria also noted that the activity of running unlicensed slaughterhouses and selling unstamped meat could not be approved or permitted without the stakeholders complying with the applicable laws. The Court stated thus while disposing of a bunch of PIL Pleas filed by meat vendors and associations in Gujarat challenging the closing of their establishments/shops by official authorities on account of not complying with food safety laws, selling meat in unhygienic conditions or through unlicensed shops. "All the meat shops and slaughterhouses which are closed by the authorities for the reason that they have failed to comply with the licensing and regulatory norms, food and safety standards, pollution control requirements and for any such other legal considerations including non-observance of hygiene imperatives, could hardly be permitted to be reopened on spacious grounds, unless they become fully compliant of such norms and regulations. Intervention is not called for by the court when it comes to abiding by the food safety etc. norms. It would be an overriding principle that the public concerns of hygiene and food safety will have to prevail," the Court said.In no uncertain terms, the Court held that the Permission to reopen the meat shops cannot be granted even though the shop owners remain non-compliant of the laws.In its order, the High Court also said that the consumers of any food including meat and meat products have a right to have safe food and that the right to food with hygiene is also concomitant to Article 21 of the Constitution, as the right to the food itself is. Further, the Court observed that all the meat shops and slaughterhouses that have been closed by the authorities for the reason that they have failed to comply with the licensing and regulatory norms, food and safety standards, pollution control requirements, and for any such other legal considerations including non-observance of hygiene imperatives, COULD NOT be permitted to be reopened unless they become fully compliant of such norms and regulations.Importantly, the Court also noted that the Right to freedom of trade may be a fundamental right, but not a carte blanche and that the meat sellers/slaughterhouses have to comply with the the provisions of Food Safety and Standards Act, 2006, and the Food Safety Regulations as these laws are enacted and operate in the public good and public interest.The Court also noted that the above laws and other laws seeking to fulfill the purpose of insulating the animals from cruelty and cruel acts, pollution, and environmental laws are all limiting factors, which will operate as reasonable restrictions on the right of the vendors of the meat and slaughterhouse owners to run their business.The background of the caseThe Gujarat High Court had, in a PIL plea seeking a ban on illegal and unlicenced slaughterhouses and meat shops in the state, earlier directed the civic body authorities to act against such shops, meat sellers, and slaughterhouses who are operating in violation of statutory laws.Following the order of the HC, the civic body authorities had sealed and ordered for closure of such shops affecting meat vendors, shop associations, and owners prompting them to move to the HC as a party in the PIL plea as being aggrieved parties.Essentially, 21 applicants prayed for passing an order to open the seal of chicken meat shops in the city of Surat. Some other pleas were also moved seeking similar directions for reopening the premises or shops or slaughterhouses of the members of the applicant association engaged in the slaughtering of small animals such as goats and sheep and further to permit to sell the muttonSome petitioners prayed that if unstamped meat is sold at some shops, it is the failure of the Stand and authorities of the State in discharging statutory duties of providing slaughterhouse. It was also submitted that therefore, no fault could be found with the persons engaged in slaughtering the animals and selling meat.According to them, there was no proper mechanism to take care of the meats, and for running the business of meat selling.Importantly, it was their uniform argument that the closure of meat shops was illegal and amounts to deprivation and curtailment of their right to free trade under Article 19(1)(g) of the Constitution. It was also submitted that the month of Ramadan is underway, therefore, the State should liberally act to redress the grievance of the applicants to permit them to sell the meat by allowing the opening of the shops.However, rejecting their arguments, the Court said that there is no unrestricted freedom to run meat business if the establishment owners are not ...

No Unrestricted Freedom To Sell Meat/Run Slaughter Houses On Religious Occasions Sans Complying With Food Safety Laws: Gujarat HC

Sparsh Upadhyay

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