Bombay HC allows sale of meat on September 17

September 14, 2015

Mumbai, Sep 14: The Bombay High Court today stayed the controversial ban on sale of meat in Mumbai on September 17, but refused to interfere with the bar on animal slaughter on that day.

meatscThe High Court, which was hearing a petition filed by Bombay Mutton Dealers Association challenging the ban imposed in the wake of Jain community's 'Paryushan' fasting period, said the stay will be limited to Mumbai jurisdiction area.

Though a similar ban has been imposed in Mira-Bhayander and Navi Mumbai municipal corporations in Mumbai's adjoining Thane district, the court said it was not concerned about it "as nobody has come forward challenging the ban there."

A division bench of Justices Anoop V Mohta and Amjad Sayyed in their order said, "We are staying the ban on sale of meat on September 17, but we are not interfering with the ban on slaughter of meat and closure of abattoirs on that date."

The High Court also observed that though the Maharashtra government issued a circular in 2004 banning meat sale on two days, it was never implemented fully.

"Though there was a ban since 2004, it was never implemented in its true sense," the judges said.

The court said there has been inconsistency in the stands of Municipal Corporation of Greater Mumbai (MCGM) and the state government.

The state government had on September 7, 2004, issued a circular stating that for two days during the Jain community's 'Paryushan' fasting period there will be closure of abattoirs and ban on slaughter and sale of meat.

"Although the circular was of 2004, we are very clear that the MCGM never fully implemented the ban on sale of meat. It never insisted on this (ban on sale of meat), but only insisted on closure of abattoirs," the court said.

"We are only going by the law and not dealing with this matter via sentiments and political things," the judges further observed.

The High Court also clarified that since the petition has challenged the ban only in Mumbai area, the stay too will be limited to the Mumbai jurisdiction area.

The court said, "We are not concerned about what is happening in Mira-Bhayander or Navi Mumbai as nobody has come forward challenging the ban there."

The HC also queried as to why fish and eggs were excluded from the ban. "If it is a question of practice of non-violence by the Jain community, then why only mutton and chicken have been included in the ban and not fish and eggs?" the court asked.

The High Court has posted the petition for final hearing after four weeks. The petitioners have claimed that the decision is unconstitutional as it affects the livelihood of a section of people and favours a small percentage of population. It also goes against the secular fabric of the Constitution, they have said.

The MCGM had on September 11 told the Bombay High Court that it has decided to withdraw its decision of meat ban on September 13 and 18. However, a separate two-day ban imposed by the state government will remains in force on September 10 and 17.

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News Network
February 14,2020

New Delhi/Washington, Feb 14: India has offered to partially open up its poultry and dairy markets in a bid for a limited trade deal during US President Donald Trump's first official visit to the country this month, people familiar with the protracted talks say.

India, the world's largest milk-producing nation, has traditionally restricted dairy imports to protect the livelihoods of 80 million rural households involved in the industry.

But Prime Minister Narendra Modi is trying to pull all the stops for the US President's February 24-25 visit, aimed at rebuilding bonds between the world's largest democracies.

In 2019, President Trump suspended India's special trade designation that dated back to 1970s, after PM Modi put price caps on medical devices, such as cardiac stents and knee implants, and introduced new data localization requirements and e-commerce restrictions.

President Trump's trip to India has raised hopes that he would restore some of the country's US trade preferences, in exchange for tariff reductions and other concessions.

The United States is India's second-largest trade partner after China, and bilateral goods and services trade climbed to a record $142.6 billion in 2018. The United States had a $23.2 billion goods trade deficit in 2019 with India, its 9th largest trading partner in goods.

India has offered to allow imports of US chicken legs, turkey and produce such as blueberries and cherries, government sources said, and has offered to cut tariffs on chicken legs from 100 per cent to 25 per cent. US negotiators want that tariff cut to 10 per cent. The Modi government is also offering to allow some access to India's dairy market, but with a 5 per cent tariff and quotas, the sources said. But dairy imports would need a certificate they are not derived from animals that have consumed feeds that include internal organs, blood meal or tissues of ruminants.

New Delhi has also offered to lower its 50 per cent tariffs on very large motorcycles made by Harley-Davidson, a tax that was a particular irritant for President Trump, who has labelled India the "tariff king." The change would be largely symbolic because few such motorcycles are sold in India.

President Trump will be feted in PM Modi's home state of Gujarat, then hold talks in New Delhi and attend a reception that the hosts have promised will be bigger than the one organised for former president Barack Obama in 2015.

But it is far from clear whether India's offers will be enough to satisfy US Trade Representative Robert Lighthizer, who cancelled plans for a trip to India this week. Instead, he has held telephone talks with Commerce Minister Piyush Goyal.

The US dairy industry remained sceptical on Thursday that a viable deal is at hand.

"We're always looking for market access, but in terms of India, as of today I'm not aware of any real progress going on," said Michael Dykes, president of the International Dairy Foods Association and a member of USTR's agricultural trade policy advisory committee.

Mr Dykes said the US dairy industry was looking for access in viable commercial quantities.

A USTR spokesman and India's trade ministry did not respond to requests for comment.

A parliament panel is reviewing a draft data privacy law that imposes stringent controls over cross-border data flows and gives the government powers to seek user data from companies.

It is not clear whether it will be passed, or in what form, but the possibilities have unnerved US companies and could raise compliance requirements for Google, Amazon.com Inc, and Facebook.

The draft law is not part of the trade discussions, Indian officials say, because the issue is too difficult to resolve at the same time.

"The privacy and localization piece will be raised independently and in concert with the trade discussions," said a Washington-based source with knowledge of the US administration's thinking.

President Trump on Tuesday was non-committal about sealing a trade deal before his visit. "If we can make the right deal, we'll do it," he told reporters.

Two US sources said progress had been made on proposed alterations to the medical device price caps. India's new import tariffs on medical devices, walnuts, toys, electronics and other products on February 1 surprised US negotiators, however.

The new tariffs were aimed at China, which also makes medical devices, according to an Indian government source. "We have to protect our market and our companies," the source said.

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News Network
July 26,2020

New Delhi, Jul 26: India reported a spike of 48,661 coronavirus cases in the last 24 hours, said the Union Ministry of Health and Family Welfare on Sunday.

The total COVID-19 positive cases stand at 13,85,522, including 4,67,882 active cases, 8,85,577 cured/discharged/migrated, it added.
With 705 deaths in the last 24 hours, the cumulative toll reached 32,063.

Maharashtra has reported 3,66,368 coronavirus cases, the highest among states and Union Territories in the country.

A total of 2,06,737 cases have been reported from Tamil Nadu till now, while Delhi has recorded a total of 1,29,531 coronavirus cases.

According to the Indian Council of Medical Research (ICMR), 4,42,263 samples were tested for coronavirus on Saturday and overall 1,62,91,331 samples have been tested so far.

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February 26,2020

Feb 26: In a midnight hearing, the Delhi High Court directed police to ensure safe passage to government hospitals and emergency treatment for those injured in the communal violence erupted in northeast Delhi over the amended citizenship law.

The court held a special hearing, which started at 12:30 am, at the residence of Justice S Muralidhar after receiving a call from an advocate explaining the dire circumstances under which the victims were unable to be removed from a small hospital to the GTB Hospital.

A bench of Justices S Muralidhar and Anup J Bhambhani directed the Delhi Police to ensure safe passage of the injured victims by deploying all resources at its command and on the strength of this order as well as to make sure they receive immediate emergency treatment if not at the Guru Teg Bahadur Hospital then at the Lok Nayak Jai Prakash Narayan Hospital (LNJP) or Maulana Azad or any other hospital.

The bench also called for a status report of compliance, including information about the injured victims and the treatment offered to them, and the matter will be heard during the day at 2:15 pm.

It said the order be communicated to the medical superintendents of the GTB and the LNJP Hospitals.

The urgent hearing was conducted after advocate Suroor Mander called the judge and sought urgent orders for safe passage of ambulances for the injured.

The Delhi Police and the government were represented through additional standing counsel Sanjoy Ghose.

During the hearing, the bench spoke over phone to doctor Anwar of the Al-hind Hospital in New Mustafabad who told the court that there were two bodies and 22 injured persons there and he had been trying to seek police assistance since 4 pm on Tuesday without success.

The court then directed the senior officials to reach to the hospital forthwith, following which they started the process of evacuating the injured to the nearest hospitals.

It also said this order be brought to the knowledge of the Delhi Police Commissioner.

Communal violence over the amended citizenship law in northeast Delhi claimed at least 18 lives till Wednesday.

On Tuesday, the violence escalated in northeast Delhi as police struggled to check the rioters who ran amok on streets, burning and looting shops, pelting stones and thrashing people.

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