Telangana HC declines to stay GHMC ban on cattle slaughterhouses, beef shops for I-Day, Janmashtami

Hyderabad: The Telangana High Court declined to stay a directive from the Greater Hyderabad Municipal Corporation (GHMC) ordering the closure of all cattle slaughterhouses and retail beef shops on August 15 and 16 for Independence Day and Janmashtami, respectively.

The HC single-judge bench, presided over by Justice Bollam Vijaysen Reddy, heard a petition filed by law student Vadla Srikanth, who challenged the GHMC directive as a violation of fundamental rights.

‘Order against personal liberty’

The petitioner’s counsel, Vijay Gopal, argued that the order was illegal and in contravention of Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Constitution of India, as well as the freedom to practice any profession, occupation, trade or business.

However, Justice Reddy pointed out a key distinction, stating that the GHMC’s order was not a blanket ban on eating meat, but only on the sale of beef for two specific days.

Ban only on beef, not other meat, says HC

He suggested to the petitioner’s counsel that people could simply purchase and store beef in advance, questioning, “Who is stopping you?” He also clarified that the ban was only on the sale of beef and not other types of meat.

Justice Reddy emphasised that the court had to consider the ‘balance of convenience’ and that the Municipal Commissioner was responsible for examining law and order concerns.

He rebuked the petitioner’s counsel for arguing beyond the scope of the case, reiterating that the sale of beef was banned, but not its consumption. He drew a parallel to the ban on drinking in public places, while drinking privately is not prohibited.

The court declined to issue any orders against the GHMC Commissioner’s directive but instructed the Commissioner to file a counter-affidavit. The matter has been adjourned to August 28.

What is the case about?

The legal challenge stems from a GHMC directive issued to shut down cattle slaughterhouses and beef shops on August 15 and 16.

The directive has sparked a public debate, with some arguing that it infringes upon individual rights and affects the livelihoods of traders, while others support it based on religious sentiments and maintaining public order.

The petitioner, a law student, specifically challenged the legality of the GHMC Commissioner’s order, arguing that it was a ‘colourable exercise of authority’ that lacked statutory backing and a valid reason.

The petition claimed that the order was arbitrary, unlawful, and violated the fundamental rights guaranteed by the Indian Constitution.

This case is part of a broader discussion in India regarding government restrictions on food consumption and the right to practice one’s profession.

Municipal corporations in various parts of the country have, in the past, issued similar directives for the closure of meat shops on certain days, particularly during religious festivals. These directives have often been challenged in court on the grounds of constitutional rights, with arguments centring on the right to life, liberty and the freedom to pursue a livelihood.