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Karnataka HC Issue Notice On PIL Challenging Cattle Slaughter Prevention Ordinance

Mustafa Plumber
12 Jan 2021 10:52 AM GMT
Karnataka HC Issue Notice On PIL Challenging Cattle Slaughter Prevention Ordinance
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The Karnataka High Court on Tuesday issued notice on the recent ordinance brought by the Karnataka Government to prevent cattle slaughter.A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum issued the notice while hearing a petition filed by Mohammed Arif Jameel challenging the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance,...

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The Karnataka High Court on Tuesday issued notice on the recent ordinance brought by the Karnataka Government to prevent cattle slaughter.

A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum issued the notice while hearing a petition filed by Mohammed Arif Jameel challenging the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020.

Advocate Rahamathulla Kothwal appearing for petitioner submitted that today in absence of rules being framed, a farmer who take his cattle from his farm to another village will be prosecuted in view of sub section 2 of Section 12 and he can also be arrested in view of Section 13 which makes the offence cognisable.

The Advocate General assured the court that the state government was in the process of framing the rules and he sought time till Monday (January 18) to address the court on this limited aspect which the bench allowed.

The petition states that the law violates the fundamental rights of citizens and is unconstitutional. Further it is said that Article 19 (1) (g) of the Constitution of India guarantees citizens to carry out trade and business, subject to reasonable restriction as mentioned in clause 6 of that Article.

A complete ban on sale of purchase or resale of animals would cast a huge economic burden on farmers, cattle traders, who find it difficult to feed their children but would be required to feed the cattle as it is an offence under the law to starve an animal or failure to maintain it. It is also said that it would lead to the rise of "Cow Vigilantes".

The petition claims that the new law is in violation of Right to Livelihood, under Article 21 of the Constitution. Further it is said that the Right to choose food is a part of Right to personal liberty, consciences and privacy. By imposing a ban on slaughter of animals for food the citizens with a choice to eat the flesh of such animals will be deprived of such food which is in violation of Article 21.

The petition also states that Beef is an integral part of Mangalorean cuisine. The ordinance prevents them from consuming beef which is integral part of their culture and thus violates Article 29 of the Constitution.

The petition prays to declare the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020"as unconstitutional. By way of interim relief stay the same.

Click Here To Download Petition

[Read Petition]




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