Mumbai HC upholds Maharashtra govt's ban on beef

April 29, 2015

Mumbai, Apr 29: The Bombay High Court today declined to stay provisions of a recent Maharashtra law which prohibits possession, transportation and consumption of meat of cow, bulls and bullocks even if the animals have been slaughtered outside Maharashtra.cow 2

A division bench headed by Justice V M Kanade was of the view that no stay can be given until the final hearing of a bunch of petitions challenging the beef ban which was fixed on June 25.

The court asked the state government to file a detailed affidavit on the issue within four weeks and allowed the petitioners and intervenors to file rejoinders two weeks thereafter.

The Maharashtra Animal Preservation (Amendment) Act, enforced last month by the state government, bans slaughter of cows, bulls and bullocks and also consumption and possession of their meat.

Three petitions were filed challenging Sections 5(d) and 9(a) of the Act which prohibits possession, transportation and consumption of meat of cow, bulls and bullocks even if the animals have been slaughtered outside Maharashtra.

According to the petitions, this puts a ban on import of meat. The petitions sought a stay on these sections.

In another development, the court directed the state not to take any coercive action till pendency of petitions or three months against traders who have been found in possession or transportation of beef.

"This is because the Act had been introduced suddenly and reasonable time was not given to the traders to dispose of their products," said the Judges.

However, FIRs can be registered against such traders but no further action can be taken until the petitions are decided finally or three months whichever is earlier, the court said.

The court also clarified that since ban on beef continues in the State under the Act, FIRs can be registered against slaughter of cows, bulls and bullocks.

As a note of caution, the Court also said that the state shall not intrude on the privacy of citizens to find out if they are in possession of beef or any other form of meat.

The court clarified that no blanket stay can be imposed on the provisions of the Act which ban transportation or possession of beef, though FIR can be registered against the offenders under the Act.

The judges said they were of the view that the traders had not been given reasonable time to dispose of the beef products as the Act was brought in all of a sudden. Hence they directed the State not to take coercive steps against them though FIR can be registered.

"There can be no compelling reason for the State to impose ban without giving a reasonable opportunity to traders provided they abided by the rules on food hygiene and safety," said the division bench in their brief order.

Senior counsel Aspi Chinoy, appearing for one of the petitioners, had argued that such a ban on consumption was violative of the fundamental right of a person to have his choice of food.

"Section 5 (d) is extremely invasive, drastic and intrusive. There is no real justification behind making possession and consumption of beef a cognisable offence.

The government should not arbitrarily invade the rights of citizens," Chinoy argued.

He said that the state has not even contemplated regulation of import of meat.

"Five states in India, including Uttar Pradesh, Punjab and Haryana, have permitted import of beef despite a ban on slaughter of those animals. And in these states passion go high in such matters but it is still allowed," Chinoy said.

Advocate General Sunil Manohar had, however, argued that consumption of beef is not a fundamental right of a citizen and the state government can regulate a person's fundamental right to have his choice of food.

"It is not a fundamental right of a citizen to eat beef. It cannot be said that the government cannot take away these rights. The state legislation can regulate consumption of flesh of any animal the source of which is reprehensible. Under the Animal Protection Act, there is a prohibition on consumption of wild boar, deer and other animals," he argued.

Manohar further argued that if section 5(d) of the Act, which prohibits possession of meat, is struck down then the Act would remain only on paper and it would frustrate the purpose and object of the Act which is to protect cow progeny.

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News Network
July 1,2020

Patna, July 1: A wedding ceremony in rural Patna a fortnight ago where the groom was running high fever, two days before he died and his body cremated without being tested for COVID 19, appears to have set off the biggest infection chain in Bihar so far, health department officials said on Tuesday.

More than 111 people have tested positive in Paliganj sub-division of Patna district, about 55 km from the state capital, in the last few days, out of over 350 who have been tested upon contact tracing, they said. Fifteen of his relatives who attended the wedding tested positive for the contagion and apparently infected others.

The officials, who requested anonymity, said the groom was a software engineer based in Gurugram and had returned home for his marriage in the last week of May. A few days after the ''tilak'' ceremony, he started showing symptoms of the disease.

On June 15, the date of wedding, he was running high fever and wanted the ceremony to be deferred, but relented upon the insistence of family members who made him swallow paracetamol tablets and go through the rituals.
On June 17, his condition deteriorated significantly and family members made a dash to AIIMS, Patna, but he died on the way.

The body was cremated in a huff, without the authorities being informed. But somebody telephoned the district magistrate and narrated the whole episode. All close relatives of the deceased, who attended the ceremony, were tested on June 19. Of them 15 tested positive, the officials said.

As a measure to contain the spread of the disease, a special camp was set up at the village where the marriage took place on June 24-26 during which samples of 364 people were collected. Of them, 86 tested positive, the officials added.

The sudden explosion of the dreaded coronavirus has triggered panic in the area. Although most who tested positive were asymptomatic, they have been admitted to isolation centres in Bihta and Phulwarisharif.

Block Development Officer Chiranjeev Pandey said Meetha Kuan, Khagari Mohalla and parts of Paliganj Bazaar have been sealed for thorough sanitisation.

Patna district happens to be the worst-affected in Bihar with 699 confirmed cases till date and five casualties, according to figures provided by the administration. The number of active cases is 372.

On Monday, when the state witnessed its biggest single day spike with 394 cases, Patna district accounted for more than 20 per cent of these. About eighty cases were reported from Paliganj alone.

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Agencies
June 22,2020

Mumbai, Jun 22: After downgrading India's outlook to negative from stable, Fitch Ratings on Monday revised the outlook on nine Indian banks to negative.

The outlook on the Long-Term Issuer Default Ratings (IDR) was revised to negative from stable due to the banks' high dependence on the Centre to re-capitalise them.

Accordingly, the IDR outlook of the Export-Import Bank of India, the State Bank of India, the Bank of Baroda, the Bank of Baroda (New Zealand), the Bank of India, the Canara Bank, the Punjab National Bank, ICICI Bank and Axis Bank Ltd have been downgraded to negative.

"At the same time, Fitch has affirmed IDBI Bank Limited's (IDBI) IDR while maintaining the outlook at negative," Fitch said in a statement.

The rating actions follow Fitch's revision of the outlook on the 'BBB-' rating on India to negative from stable on June 18, due to the impact of the escalating coronavirus pandemic on India's economy.

"The IDRs for all the above Indian banks are support-driven and anchored to their respective SRFs," the statement said.

"They are based on Fitch's assessment of high to moderate probability of extraordinary state support for these banks, which takes into account our assessment of the sovereign's ability and propensity to provide extraordinary support."

According to the statement, the negative outlook on India's sovereign rating reflects an increasing strain on the state's ability to provide extraordinary support, due to the sovereign's limited fiscal space and the significant deterioration in fiscal metrics due to challenges from the COVID-19 pandemic.

"The rating action does not affect the banks' Viability Rating (VR). EXIM does not have a VR as its role as a policy bank makes an assessment of its standalone credit profile less meaningful."

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Agencies
May 27,2020

Global health experts on Wednesday said novel coronavirus is here to stay for more than a year and called for aggressive testing to prevent its spread.

In an interaction with Congress leader Rahul Gandhi, health experts Professor Ashish Jha and Professor Johan Giesecke talked about the COVID-19 pandemic as part of the series being aired on Congress social media channels.

While Jha exuded confidence that a vaccine will be available in a year's time, Prof Giesecke said India should practice a lockdown that is as 'soft' as possible, as a severe lockdown will ruin its economy very quickly.

"When the economy is opened up after lockdown, you have to create confidence among people," Harvard health expert Ashish Jha told Gandhi.

Jha is a professor of Global Health at TH Chan School of Public Health and Director, Harvard Global Health institute.

He said coronavirus is a '12-18 months' problem and the world is not going to be free of this till 2021.

The expert also called for the need for aggressive testing strategy for high-risk areas.

Gandhi, while interacting with the experts, said life is going to change post COVID-19.

"If 9/11 was a new chapter, this will be a new book," he remarked.

Professor Johan Giesecke, former chief scientist, European Centre for Disease Prevention and Control said India should have a 'soft lockdown'.

"The situation that India is in, I think, you should have a soft lockdown, as soft as possible," he said.

"I think for India, you will ruin your economy very quickly if you have a severe lockdown. It is better, skip the lockdown, take care of the old and the frail...," he noted.

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