Important Point—Sections 5D and 9B of Maharashtra Animal Preservation Act,1976 struck down on the ground that same infringes fundamental right guaranteed under Article 21 of Constitution of India.

A.S. OKA, J

1. As per the administrative order dated 17th November 2015 passed by the Hon'ble the Acting Chief Justice, this group of Petitions has been specifically assigned to this specially constituted Bench.

OVERVIEW

2. The challenge in this group of Petitions is to various provisions of the Maharashtra Animal Preservation Act, 1976 (for short “Animal Preservation Act”) as amended by the Maharashtra Animal Preservation (Amendment) Act, 1995 (for short “the Amendment Act”). The Amendment Act received the assent of the Hon'ble President of India on 4th March 2015. By the Amendment Act, in addition to existing prohibition on the slaughter of cows, a complete prohibition was imposed on slaughter of bulls and bullocks in the State. A ban was imposed on possessing the flesh of cow, bull or bullock slaughtered within and outside the State. Moreover, by introducing Section 9B, at the trial of certain offences, a negative burden was put on the accused.

3. Before we deal with the facts of each Petition and the challenges therein, it will be convenient to have an overview of the relevant provisions of the Animal Preservation Act. The Animal Preservation Act was brought into force with effect from 15th April, 1978. The Preamble of the unamended Animal Preservation Act reads thus :“

An Act to provide for the prohibition of slaughter of cows and for the preservation of certain other animals suitable for milch, breeding, draught or agricultural purposes. And whereas it is expedient to provide for the prohibition of slaughter and to provide for matters connected therewith”

4. Section 5 of the Animal Preservation Act prior to its amendment by the Amendment Act provided for a complete ban on slaughter of any cow in any place of State of Maharashtra. Sub-Sections (1) of Section 6 provided that no person shall slaughter or cause to be slaughtered any scheduled animal (Bovines namely bulls, bulloks, female buffaloes, buffalow calves) in any place in the State of Maharashtra unless he has obtained in respect of each animal a certificate in writing from the Competent Authority that the animal is fit for slaughter. As per Section 7, a scheduled animal in respect of which a permission under Section 7 has been granted can be slaughtered only at the place specified by such authority or such officer the State Government may appoint in that behalf. For the sake of convenience, we are reproducing Sections 5 to 7 of the Animal Preservation Act before its amendment which read thus :“

5. Notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary no person shall slaughter or cause to be slaughtered or offer for slaughter any cow, in any place in the State of Maharashtra.

6. (1) Notwithstanding anything contained in any law for the time being in force or any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered any scheduled animal in any place in the State of Maharashtra, unless he has obtained in respect of such animal a certificate in writing from the competent authority that the animal is fit for slaughter.

(2) No certificate shall be granted under subsection

(1), if in the opinion of the competent authority, (a) the scheduled animal, whether male or female, is or likely to become economical for the purpose of draught or any kind of agricultural operations;

(b) the scheduled animal, if male, is or is likely to become economical for the purpose of breeding;

(c) the scheduled animal, if female, is or is likely to become economical for the purpose of giving milk or bearing offspring.

(3) The State Government may, on an application by any person aggrieved by an order passed by the competent authority refusing to grant him a certificate, made to it within sixty days from the date of receipt of such order, or any time suo motu, call for and examine the records of the