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April 21, 2015

India: Multi-religious group of 29 petitioners challenge the new beef ban law


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.