Bengaluru: PIL seeks quashing of cattle slaughter ban ordinance; High Court issues notice to government

Bengaluru: The High Court on Tuesday issued notice to the State government following a PIL filed seeking to quash the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020.

A division bench of Chief Justice Abhay Sreenivas Oka and Justice Shankar Magadum were hearing a public interest litigation filed by one Mohammed Arif Jameel, challenging the ordinance. The petitioner contended that "the ordinance violates the fundamental rights of citizens and is therefore unconstitutional."

The plea states, "It is submitted that the right to choose food (Non vegetarian or vegetarian) is a part of the right to personal liberty, conscience, and privacy. By imposing a ban on the slaughter of animals for food, the citizens with a choice to eat the flesh of such animals would be deprived of such food, which violates the right to food, privacy and personal liberty guaranteed under Article 21of the Constitution of India."

The ordinance received assent of the governor on January 5. The bill in this regard passed by the Legislative Assembly faced hurdles in the Legislative Council forcing the government to take the ordinance route.

The petition also expressed apprehension that a free hand given to police to raid and seize any property on mere suspicion by the ordinance could lead to harassment of innocent people and cow vigilantism particularly in coastal areas of the State. The petitioner further contended that the ordinance invades a citizen's right to privacy as it allows for search and seizure by a police officer, tahsildar or veterinary officer.

"A complete ban on sale or purchase or resale of animals would cast a huge economic burden on the farmers, cattle, traders who find it difficult to feed their children today but would be required to feed the cattle as it is an offence under the Prevention of cruelty to Animals Act, 1960."

On these grounds, the plea prays for the quashing the State ordinance promulgated on January 5.

It is learnt that Advocate General (AG) Prabhuling K Navadgi sought time till January 18 to submit government's reply.