The High Court of Karnataka on 12th January, 2020 heard a petition against a recent ordinance on prevention of cattle slaughter brought by the Government of Karnataka.
The petition was filed by Mohammed Arif Jameel challenging the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020. The division bench consisted of Chief Justice Abhay Oka
and Justice Sachin Shankar Magadum
who issued a notice while hearing the petition. The petitioner’s Advocate Rahamathulla Kothwal argued that a farmer who takes cattle to another village will be prosecuted under sub section 2 of section 12 and will be arrested under section 13. Therefore the offence is cognisable in nature. This will happen in the absence of rules being framed.
The Advocate general said that the state government is in the process of framing rules till January 18, 2020 which the bench allowed in the court of law. The Law violates the fundamental rights and it is unconstitutional according to the petition. Further it is said that Article 19 of the Constitution of India guarantees citizens to carry out trade and business, subject to reasonable restriction as mentioned in clause 6 of that Article. The petition claims that the new law is in violation of Right to Livelihood, under Article 21 of the Constitution. By imposing a ban on slaughter of animals for food the citizens with a choice to eat the flesh of such animals will be deprived of such food which is in violation of Article 21
. The ordinance prevents them from consuming beef which is integral part of their culture and thus violates Article 29
of the Constitution.
Therefore, the petitioner sought interim relief and declaration of this ordinance on Karnataka prevention of cattle slaughter, 2020 as ‘unconstitutional’. [READ PETITION]