2016 (5) TMI 1565 - BOMBAY HIGH COURT

Constitutional Validity of various provisions of the Maharashtra Animal Preservation Act, 1976 (Animal Preservation Act) as amended by the Maharashtra Animal Preservation(Amendment) Act, 1995 - existing prohibition on the slaughter of cows, a complete prohibition was imposed on slaughter of bulls and bullocks in the State - ban was imposed on possessing the flesh of cow, bull or bullock slaughtered within and outside the State.

HELD THAT:- The conclusions are as under:

"(a) We uphold the constitutional validity of the amendment to Section 5 of the Animal Preservation Act made by the impugned Amendment Act;

(b) We uphold the constitutional validity of Sections 5A and 5B;

(c) We uphold the constitutional validity of Section 5C. However, the possession contemplated by Section 5C shall be conscious possession. It will be a possession with the knowledge that the flesh is of cow, bull or bullock which is slaughtered in contravention of Section 5 of the Animal Preservation Act;

(d) We hold that right of privacy is a part of the personal liberty guaranteed by Article 21 of the Constitution of India. We hold that Section 5D infringes the right of privacy which is part of Article 21 of the Constitution of India and therefore, it is liable to be struck down;

(e) Accordingly, reference to Section 5D in clause (b) of Sub-section (3) of Section 8 is liable to be struck down. Similarly, a reference to Section 5D in Section 9A is liable to struck down;

(f) The provisions of Section 9B are held to be unconstitutional being violative of Article 21 of the Constitution of India and, therefore, Section 9B is liable to be struck down;

(g) We hold that all other Sections which were subject matter of challenge are legal and valid."

Petition is disposed off with the following order:

(a) We hereby hold and declare that Section 5, Section 5A, Section 5B, Section 5C, Sub-sections (3) and (4) of Section 8, Section 9 and Section 9A of the Maharashtra Animal Preservation Act, 1976 as amended/inserted by the Maharashtra Act No. V of 2015 are constitutional, valid and legal;

(b) However, we hold that the possession in terms of the Section 5C of the Maharashtra Animal Preservation Act, 1976 shall be "conscious possession";

(c) Section 5D of the Maharashtra Animal Preservation Act, 1976 is struck down on the ground that the same infringes the fundamental right guaranteed under Article 21 of the Constitution of India;

(d) Accordingly, wherever there is a reference to Section 5D in other Sections of the Maharashtra Animal Preservation Act, 1976, the same stands deleted;

(e) Section 9Bof the Maharashtra Animal Preservation Act, 1976 is struck down as it infringes the fundamental right guaranteed by Article 21 of the Constitution of India;

(f) The prayers which are not specifically granted shall be deemed to be rejected;

(g) The Rule is partly made absolute in above terms with no orders as to costs;

(h) All the Pending Chamber Summonses, Notices of Motion and the Civil Applications are disposed of.