Beef possession not a criminal offence, rules Bombay HC

May 6, 2016

Mumbai, May 6: The Bombay High Court on Friday pronounced the judgement on a bunch of petitions challenging the constitutional validity of the beef ban in Maharashtra.

BeefAccording to news agency, the Bombay HC has passed order, which says that beef ban will continue in Maharashtra.

A ban on cow and bullock slaughtering to continue but beef possession (if brought from outside Maharashtra) is not a criminal offence, ruled the HC.

A division bench of Justices AS Oka and SC Gupte had reserved the ruling in January after hearing the arguments.

In February 2015, the President granted assent to the Maharashtra Animal Preservation (Amendment) Act. While the original 1976 Act banned slaughter of cows, the amendment prohibited, in addition, slaughter of bulls and bullocks and possession and consumption of their meat.

As per the Act, slaughter attracts a five-year jail-term and Rs 10,000 fine while possession of meat of bull or bullock attracts one-year in jail and Rs 2,000 fine.

During the hearing, the HC had refused to grant interim stay to the provisions penalising the possession of beef.

Arif Kapadia, a city resident, and noted lawyer Harish Jagtiani had challenged the provision which says mere possession of beef anywhere in the state is a crime.

This is arbitrary and undermines the cosmopolitan nature of the city which houses people from all religions and communities, they had contended.

Other petitions had been filed by Vishal Sheth, a lawyer, and Shaina Sen, a student, contending that the ban on beef violates fundamental rights of citizens.

Comments

Curious
 - 
Friday, 6 May 2016

Rat poisoning should also be banned because it is vehicle of so called God Ganesh. if everyone kills rat Ganesh will have no vehicle to ride to save and serve his devotees.

Satheesha
 - 
Friday, 6 May 2016

Why not other items like chicken, pork, fish and mutton not touched by the law. All lives are equally important but why this special category. Then all should be asked to be vegetarians

Shiva
 - 
Friday, 6 May 2016

One thing which Fadnavis should have concentrated is to make possession of cow and bulls attractive proposition to holders rather than go for ban on slaughter. this he would have achieved by making green every where, make water available and feed available, provide effective cost recovery of produce .. instead by banning he is burdening people who possess assets as cattle more marginalized and economically poorer .. his vision and his party''s vision is self centered and lacks focus of economics but working against poor, marginalized farmers, dalits and minorities,,, classic case of intolerance, stupidity and religious bigotry,, he deserves to be sacked ..

Real Hindu
 - 
Friday, 6 May 2016

Beef ban is on possession too. only beef procured from outside maharashtra allowed.but that we will handle by other

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Ram Puniyani
February 4,2020

As democracy is seeping in slowly all over the world, there is an organization which is monitoring the degree of democracy in the individual countries, The Economist Intelligence Unit. As such in each country there are diverse factors which on one hand work to deepen it, while others weaken it. Overall there is a march from theoretical democracy to substantive one. The substantive democracy will herald not just the formal equality, freedom and community feeling in the country but will be founded on the substantive quality of these values. In India while the introduction of modern education, transport, communication laid the backdrop of beginning of the process, the direction towards deepening of the process begins with Mahatma Gandhi when he led the non-cooperation movement in 1920, in which average people participated. The movement of freedom for India went on to become the ‘greatest ever mass movement’ in the World.

The approval and standards for democracy were enshrined in Indian Constitution, which begins ‘We the people of India’, and was adopted on 26th January 1950. With this Constitution and the policies adopted by Nehru the process of democratization started seeping further, the dreaded Emergency in 1975, which was lifted later restored democratic freedoms in some degree. This process of democratisation is facing an opposition since the decade of 1990s after the launch of Ram Temple agitation, and has seen the further erosion with BJP led Government coming to power in 2014. The state has been proactively attacking civil liberties, pluralism and participative political culture with democracy becoming flawed in a serious way. And this is what got reflected in the slipping of India by ten places, to 51st, in 2019. On the index of democracy India slipped down from the score of 7.23 to 6.90. The impact of sectarian BJP politics is writ on the state of the nation, country.

Ironically this lowering of score has come at a time when the popular protests, the deepening of democracy has been given a boost and is picking up with the Shaheen Bagh protests. The protest which began in Shaheen Bagh, Delhi in the backdrop of this Government getting the Citizenship amendment Bill getting converted into an act and mercilessly attacking the students of Jamia Milia Islamia, Aligarh Muslim University along with high handed approach in Jamia Nagar and neighbouring areas.  From 15th December 2019, the laudable protest is on.

It is interesting to note that the lead in this protest has been taken by the Muslim women, from the Burqa-Hijab clad to ‘not looking Muslim’ women and was joined by students and youth from all the communities, and later by the people from all the communities. Interestingly this time around this Muslim women initiated protest has contrast from all the protests which earlier had begun by Muslims. The protests opposing Shah Bano Judgment, the protests opposing entry of women in Haji Ali, the protests opposing the Government move to abolish triple Talaq. So far the maulanas from top were initiating the protests, with beard and skull cap dominating the marches and protests. The protests were by and large for protecting Sharia, Islam and were restricted to Muslim community participating.

This time around while Narendra Modi pronounced that ‘protesters can be identified by their clothes’, those who can be identified by their external appearance are greatly outnumbered by all those identified or not identified by their appearance.

The protests are not to save Islam or any other religion but to protect Indian Constitution. The slogans are structured around ‘Defence of democracy and Indian Constitution’. The theme slogans are not Allahu Akbar’ or Nara-E-Tadbeer’ but around preamble of Indian Constitution. The lead songs have come to be Faiz Ahmad Faiz’s ‘Hum Dekhenge’, a protest against Zia Ul Haq’s attempts to crush democracy in the name of religion. Another leading protest song is from Varun Grover, ‘Tanashah Aayenge…Hum Kagaz nahin Dikhayenge’, a call to civil disobedience against the CAA-NRC exercise and characterising the dictatorial nature of the current ruling regime.

While BJP was telling us that primary problem of Muslim women is Triple talaq, the Muslim women led movements has articulated that primary problem is the very threat to Muslim community. All other communities, cutting across religious lines, those below poverty line, those landless and shelter less people also see that if the citizenship of Muslims can be threatened because of lack of some papers, they will be not far behind in the victimization process being unleashed by this Government.

While CAA-NRC has acted as the precipitating factor, the policies of Modi regime, starting from failure to fulfil the tall promises of bringing back black money, the cruel impact of demonetisation, the rising process of commodities, the rising unemployment, the divisive policies of the ruling dispensation are the base on which these protest movements are standing. The spread of the protest movement, spontaneous but having similar message is remarkable. Shaheen Bagh is no more just a physical space; it’s a symbol of resistance against the divisive policies, against the policies which are increasing the sufferings of poor workers, the farmers and the average sections of society.

What is clear is that as identity issues, emotive issues like Ram Temple, Cow Beef, Love Jihad and Ghar Wapasi aimed to divide the society, Shaheen Bagh is uniting the society like never before. The democratisation process which faced erosion is getting a boost through people coming together around the Preamble of Indian Constitution, singing of Jan Gan Man, waving of tricolour and upholding the national icons like Gandhi, Bhagat Singh, Ambedkar and Maulana Azad. One can feel the sentiments which built India; one can see the courage of people to protect what India’s freedom movement and Indian Constitution gave them.

Surely the communal forces are spreading canards and falsehood against the protests. As such these protests which is a solid foundation of our democracy. The spontaneity of the movement is a strength which needs to be channelized to uphold Indian Constitution and democratic ethos of our beloved country.

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News Network
March 16,2020

Kottayam, Mar 16: A trial court in Kerala  on Monday dismissed a discharge petition filed by Bishop Franco Mulakkal, in connection with the case of alleged rape of a nun in which he is the prime accused.

In his plea filed before the Additional District and Sessions Court I, Mulakkal had claimed that prima facie there was no case to frame charges against him.

Dismissing the plea, the trial court said the bishop should stand for trial in the rape case.

The bishop's lawyer said an appeal would be filed in the High Court against the trial court order.

The prosecution had filed its objection to the plea filed by the bishop, accused of raping and sexually assaulting a nun of the same diocese.

The bishop had filed the plea just ahead of commencement of the preliminary hearing on charges against him in January this year.

The case is based on a complaint filed against the bishop by the nun.

In her complaint to the police in June, 2018, the nun had alleged that she was subjected to sexual abuse by the bishop during the period between 2014 and 2016.

The bishop, who was arrested by the Special Investigation Team which probed the case, has been charged with wrongful confinement, rape, unnatural sex and criminal intimidation.

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News Network
May 2,2020

Mangaluru, May 2:  Dakshina Kannada district administration has taken steps to quarantine people returning after having lost their jobs in foreign countries.

Marriages hall, general halls and hostels are being identified for the purpose, a source said.

Official said that Coronavirus scare also has forced many people from foreign countries, those in including Gulf countries, to return to their native villages.

The Gulf countries are also sending back those staying illegally there. 

Once the flight services resume, thousands of people are likely to return to the country.

Meanwhile, DK deputy commissioner Karnataka held a video conference with Chief Minister BS Yediyurappa.

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