Implementation of beef ban stayed till publication in Official Gazette

Bombay High Court: Granting interim relief to beef traders, a division bench comprising of VM Kanade and AR Joshi, JJ stayed their own order passed earlier directing police and civic body officials to implement the amended law that banned slaughtering bulls and bullocks and possessing their flesh and beef. Earlier, the Court had passed an order  directing police and municipal corporation officials to make sure that bulls and bullocks are not slaughtered in abattoirs. Due to this order, ‘Bombay Suburban Beef Dealer’s Welfare Association had approached the same bench of high court, claiming that the court order was misinterpreted by officials and the court should either amend or clarify it.

The lawyers representing the beef traders argued that the amendment Act does not prescribe the date on which the said amendment has to come into force and that there is no material on record to indicate that there is publication in the Official Gazette and, hence, the court order should not come into effect till the President’s assent is published.The lawyers for the NGO  urged the court that being an Amendment Act, the question of publication of the assent does not arise as  the Act came into force when the Principal Act was passed and it came into force on April 15, 1978. They also said that the lives of several cattle would be lost if this order is clarified or stayed.

The Court taking into consideration the provisions of the Maharashtra General Clauses Act, 1904 particularly Section5(1)(ii) clarified that even if the assent is given by the President, it has to be published in the Official Gazette and only then the Act shall come into operation on that date and held that the contention of Petitioner’s Counsel that this applies to the main Act and not amendment Act to be without any substance.Bhartiya Gauvansh Rakshan Sanvardhan Parishad vs. State of Maharashtra, 2015 SCC OnLine Bom 484 , decided on 05-03-2015

2 comments

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    I very strongly believe that this ban is an 100% error of judgement. Since, banning food should come post a 100% clarity of understanding come's in(Which in this case is definitely missing). The world eats beef, and today at a time when you have the world travelling through, India as well would have to have be at par with the International Classification of understanding to food.

    Apart from being made a joke both within and outside at a time when there are beef eating Indians in good proportions in UAE, Australia, UK, US and many developed and developing nations around the world. The Judges and the Court System as well as The Parliament of India is obviously making the most chivalrously dubious, stupendous and most importantly an irrational judgement which again has ensured that the thought process has been dubbed with humiliation of oneself to the sadist community that thrives in India, who still only believes in snatching for oneself not to keep but to make sufferance an order of the day.

    My suggestion to be enlightened mind that makes and passes such a statement that's called law is… Think Again and correct urself before ultimate anarchy prevails.

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    God the creator has given humans canines for what? to tear and eat all kinds of flesh. Man has both carnivorous and herbivorous teeth. Its Zoology for the educated, Its religious for the illiterates. Muslims eat only beef, but the poor scheduled caste and scheduled tribes do not leave anything in cattle. They can only afford to eat all internal organs of the cattle which is very affordable by the poor. Cattle are not endangered animals, We must protect Tigers not the cattle. In secular India Muslims do not appose eating pork by Non Muslims. International cows are also holy? then India should fight for cow slaughter all over the world. If only Indian cows are holy, then import unholy cows. Banning food of the poor is this Indian Right to Food Act? Dear Hindu brothers plz support your answers only with Veda & Purana quotes not with your personal and philosophical views.

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