1989 Supreme(Raj) 534

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.B.Sharma, I.S.Israni, JJ.
Sarfraz etc. - Appellant
Versus
The Municipal Council, Beawar & Ors. - Respondent
D. B. Civil Writ Petition No. 500 of 1987.
Decided On : 21-01-1989

A total ban on the sale of buffalo meat imposed by a Municipal Council is not a reasonable restriction on the fundamental right to carry on a profession or occupation under Article 19(1)(g) of the Constitution.

Headnote:

RAJASTHAN MUNICIPALITIES ACT - SECTION 90 - BUFFALO MEAT SALE - LICENSE - ARTICLE 19(1)(G) - REASONABLE RESTRICTION - PUBLIC HEALTH AND SAFETY - RELIGIOUS FEELINGS - CLASSIFICATION - TOTAL BAN - VALIDITY: 1. Section 90 of the Rajasthan Municipalities Act, 1959, empowers Municipal Councils to frame bye-laws for regulating the sale of meat for human consumption and the maintenance of slaughterhouses. 2. A total ban on the sale of buffalo meat imposed by a Municipal Council is not a reasonable restriction on the fundamental right to carry on a profession or occupation under Article 19(1)(g) of the Constitution. 3. The classification of buffalo meat as distinct from goat/sheep/fish meat for the purpose of regulation is intelligible and has a rational relation to the object of preserving he and she buffaloes, which are important cattle for the agricultural economy. 4. However, a total ban on the sale of buffalo meat is not necessary to achieve the object of preserving buffaloes, as it is possible to impose less drastic restrictions, such as age limits or restrictions on the sale of meat from animals that are no longer useful for breeding or draught purposes. 5. The total ban imposed by the Municipal Council in this case is arbitrary and excessive and cannot be justified on the grounds of public health, safety, or religious feelings of the public.

Fact of the Case:

The petitioners, who are butchers by profession, challenged the vires of Section 90 of the Rajasthan Municipalities Act, 1959, and claimed that licenses for buffalo meat shops be issued to them. They alleged that the Municipal Council, Beawar, had refused to grant them licenses and had interfered with their profession, which was their exclusive source of livelihood. The petitioners also claimed that licenses for buffalo meat shops were granted in various cities of Rajasthan and that the refusal to grant them licenses was discriminatory.

Finding of the Court:

The court found that the petitioners were butchers by profession and that their only source of livelihood was to run a buffalo meat shop. The court also found that the Municipal Council, Beawar, had framed bye-laws to regulate slaughterhouses and goat meat shops, but had not made any provision for the sale of buffalo meat. The court held that the total ban on the sale of buffalo meat imposed by the Municipal Council was not a reasonable restriction on the fundamental right to carry on a profession or occupation under Article 19(1)(g) of the Constitution.

Issues: 1. Whether Section 90 of the Rajasthan Municipalities Act, 1959, is ultra vires the Constitution. 2. Whether the total ban on the sale of buffalo meat imposed by the Municipal Council, Beawar, is a reasonable restriction on the fundamental right to carry on a profession or occupation under Article 19(1)(g) of the Constitution.

Ratio Decidendi: 1. Section 90 of the Rajasthan Municipalities Act, 1959, is not ultra vires the Constitution as it empowers Municipal Councils to frame bye-laws for regulating the sale of meat for human consumption and the maintenance of slaughterhouses. 2. A total ban on the sale of buffalo meat imposed by a Municipal Council is not a reasonable restriction on the fundamental right to carry on a profession or occupation under Article 19(1)(g) of the Constitution because: - The classification of buffalo meat as distinct from goat/sheep/fish meat for the purpose of regulation is intelligible and has a rational relation to the object of preserving he and she buffaloes, which are important cattle for the agricultural economy. - However, a total ban on the sale of buffalo meat is not necessary to achieve the object of preserving buffaloes, as it is possible to impose less drastic restrictions, such as age limits or restrictions on the sale of meat from animals that are no longer useful for breeding or draught purposes. - The total ban imposed by the Municipal Council in this case is arbitrary and excessive and cannot be justified on the grounds of public health, safety, or religious feelings of the public.

Final Decision: The petitions were allowed, and the Municipal Council, Beawar, was directed to issue licenses to the petitioners for butchering and sale of buffalo meat.