lOMoAR cPSD| 36766554

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BEFORE THE HON’BLE HIGH COURT OF

STATE OF MARATHA

MARATHA BUTCHERS’ASSOCIATION AND ORS …PETETIONER

VERSUS

STATE OF MARATHA AND ORS …RESPONDENT

MEMORIAL SUBMITTED ON BEHALF OF THE RESPONDENT

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INDEX

INDEX OF AUTHORITIES ...................................................................................................................... 3

LIST OF CASES ..................................................................................................................................... 3

STATUTES .............................................................................................................................................. 3

LIST OF ABBREVIATIONS .................................................................................................................. 4

STATEMENT OF JURISDICTION ......................................................................................................... 5

STATEMENT OF FACTS ......................................................................................................................... 6

STATEMENT OF ISSUES ........................................................................................................................ 9

SUMMARY OF ARGUMENTS .............................................................................................................. 10

ARGUMENTS ADVANCED ................................................................................................................... 11

PRAYER .................................................................................................................................................... 32

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INDEX OF AUTHORITIES

LIST OF CASES:

• Mohd. Faruk vs. State of M.P

• Om Prakash & Others vs State of Uttar Pradesh
• Kesavanand Bharati v. State of Kerala
• State of Madras vs Smt. Champakam Dorairajan
• Minerva Mills case
• S. R. Bommai vs. Union of Indica
• State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat
• Mohd. Hanif Quareshi v. State of Bihar
• Sarwar Husain v. Addl. Judge
• Mukesh Kumar Vs. S. Kuldeep Singh Civil Appeal No. 8641 of 2009 SC
• State
Civil of Punjab
Appeal Vs.
No. Principal
8641 of 2009Secretary
SC to the Governor of Punjab and Others
Writ Petition (Civil) No. 1224 of 2023 SC
The State of Himachal Pradesh and Other Vs. Yogendera Mohan Sengupta and
Other
Civil Appeal
Civil Appeal No.
Nos. 8641 ofof2009
5348-5349 SCTransferred Case (C) No. 2 of
2019 and
2023
STATUTES:
• Constitution of Indica
Civil Appeal
• Indican No. 8641
Penal Code,1860 of 2009 SC
• Maharashtra Animal Preservation Act,1978
• Maharashtra Amendment Act,1995

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LIST OF ABBREVIATIONS

AIR All Indica Reporter

Crl. Criminal Leave

Def. Defendant

Hon9ble Honorable

i.e. That is

No. Number

Ors Others

R.I. Rigorous Imprisonment

Smt. Shrimati

u/s Under Section

V. Versus

Viz. Viz- a – Viz

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STATEMENT OF JURISDICTION

This writ petition is non-maintainable, untenable and is liable

to be dismissed with cost as no fundamental right has been infringed in any
manner whatsoever.

Therefore, this writ petition is beyond the scope of

jurisdiction of this Hon’ble Court of Law.

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STATEMENT OF FACTS

1. Republic of Indica is located in the South Asian region of Asia and till 1947

the Republic of Indica for 150 years. It is a democratic country with a

written constitution and has adopted Parliamentary form of government.

2. The majority of population in this country belongs to Hindu religion and

other major religions followed by the people of Indica are Buddhism,
Christianity, Jainism, Sikhism and Islam as a result it a country with
diversified religion.

3. Some religions like Jainism Some religion like Jainism strictly follow the
principle of non-violence and therefore stressed upon vegetarian food habit.
This is not so in case of other religions.

4. Under Hindu religion some are vegetarians and some are non-vegetarians.
Throughout the Republic of Indica9s history, religion has been an important
part of the country9s culture. The history of Republic of Indica has witnessed
some prominent instances of religious disharmony amongst various religious
groups.

5. The Constitution of Republic of Indica declares various rights as

fundamental rights. Some of the fundamental rights are the right to freedom
of religion, freedom to carry on any trade, profession and business, right to
life and personal liberty etc.

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6. The fundamental rights are mostly enforceable against the 8State9. The
Constitution on Indica also laid down some Directive Principles of State
Policy. These directives are not enforceable in the court of law, nevertheless
these principles are to be looked into while formulating any policy and
enacting any law. One of those directives laid down that the State shall
endeavor to organize agriculture and animal husbandry on modern and
scientific line and shall take steps in particular for preserving and
improving the breeds, and prohibiting the slaughter, of cows and calves
and other milch and draught cattle.

7. On the one hand the economy of the Republic of Indica is largely based
upon agriculture and on the other hand cow is treated as ‘Holy’ under Hindu
religion. Therefore, the above-mentioned directive was perceived to be an
outcome of a compromise between the scientific rationality and religious
sentiments of the majority Hindu citizens.

8. One of the fundamental duties of the citizens is to protect and improve the
natural environment and to have compassion for living creatures.

9. Since 1950 Republic of Indica and various States enacted laws for the
protection of Cows. Some of these laws are enacted with specific object of
protection of cow whereas some of them were enacted in the name of
8protection of animals from cruelty.

10. State of Maratha is situated in western region of Republic of Indica and

second most populous state of the Republic of Indica. In 1978 it enacted the
Maratha

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Animal Preservation Act, 1978. In 1995, amendments were made in 1978 Actand
Amendment Act of 1995 was reserved for the assent of the President.

11.The Amendment Act, 1995 received the assent of the President in 2015 and
came into force immediately.

12.Few individuals were attacked on the accusation that they stored cow-flesh
in their home. It created the tension between those who were beef-eater and
those who were not. More particularly, a minority community 8X9 was
affected as beef eating was their common food habit.

13.Moreover, beef was less costly as compared to other non-vegetarian food. As

the degree of poverty is higher in community 8X9, beef eating was an easy
source of protein for them. But with the new amended law by the state of
Maratha, they were deprived of this source.

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STATEMENT OF ISSUES

Issue 1 : Is the petition challenging the constitutional validity of the Amendment

Act of 1995. Maratha Butcher’s Association, maintainable with HC ?

Issue 2 : How fundamental rights of are violated of any community, if any ?

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SUMMARY OF ARGUMENTS

Issue 1 : Is the petition challenging the constitutional validity of the Amendment

Act of 1995. Maratha Butcher’s Association, maintainable with HC ?
It is humbly submitted before the hon’ble high court of Maratha that, No, the
amendment act, 1995 is not beyond the scope of Constitution of Indica and it does
not challenging the constitutional validity of the Constitution.

Issue 2 : How fundamental rights of are violated of any community, if any ?

It is humbly submitted before the hon’ble high court of Maratha that, No
fundamental rights were infringed by the Amendment act of 1995.

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ARGUMENTS ADVANCED

Issue 1: Is the petition challenging the constitutional validity of the Amendment

Act of 1995. Maratha Butcher’s Association, maintainable with HC ?

From the Rig Veda (4.28.1;6) we read. The cows have come and have brought us
good fortune. In our stalls, contented, may they stay! May they bring forth calves for
us, many-colored, giving milk for Indra each day. You make, O cows, the thin man
sleek; to the unlovely you bring beauty. Rejoice our homestead with pleasant lowing.
In our assemblies we laud your vigor.

The only cow-question for Hindus is, Why don’t more people respect and protect
this remarkable creature?

Mahatma Gandhi once said, One can measure the greatness of a nation and its moral
progress by the way it treats its animals. Cow protection to me is not mere protection
of the cow. It means protection of all that lives and is helpless and weak in the world.
The cow means the entire subhuman world.

In the Hindu tradition, the cow is honoured, garlanded and given special feedings at
festivals all over Indica, most importantly the annual ‘Gopashtama’ festival.
Demonstrating how dearly Hindus love their cows, colourful cow jewellery and
clothing is sold at fairs all over the Indican countryside. From a young age, Hindu
children are taught to decorate the cow with garlands, paint and ornaments. Her
nature is epitomized in ‘Kamadhenu’, the divine, wish-fulfilling cow. The cow and
her sacred gifts 3milk and ghee in particular 3are essential elements in Hindu
worship, penance and rites of passage. In Indica, more than 3,000 institutions called
Gaushalas, maintained by charitable trusts, care for old and infirm cows. And while

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many Hindus are not vegetarians, most respect the still widely held code of
abstaining from eating beef.

An animal rights activist, Chetan Sharma, said,

Cow is also the reason for global warming. When she is slaughtered, something
called EPW is released, which is directly responsible for global warming. It9s what
is called emotional pain waves.

APEDA (The Agricultural and Processed Food Products Export Development

Authority), the Indican government9s gatekeeper for exports, has stringent
guidelines for beef export. Last year, APEDA introduced a requirement that
exporters must prove that their beef was sourced from government-approved and
registered abattoirs. But with a sizable Muslim and Christian population414 percent
and 2 percent respectively4that doesn9t worship the cow9s divinity, there is
speculation that illegal cow beef is sneaking into the mix. Meat is meat and it would
be hard to tell if it came from a licensed slaughterhouse, municipal slaughterhouse,
or export facility, says Joshipura.

In ancient Indica, cattle and oxen were sacrificed to the gods and the meat was eaten.
But even then, milk-producing cows were off-limits, likely because their milk was
so precious as a food source. But with the rise of Buddhism and Jainism 4 two other
world religions with roots in Indica and a philosophy of vegetarianism 4 Hindus,
too, stopped eating meat. By the first century A.D., cows had come to be associated
with Brahmans, the highest caste, or class, in Hinduism. To kill a cow was likened
to killing a Brahman 4 a big taboo. Soon after, Krishna, an incarnation of Vishnu,
one of the three main Hindu gods, was often depicted in literature and art as
cavorting with cows.

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Hindus see the cow as a particularly generous, docile creature, one that gives more
to human beings than she takes from them. The cow, they say, produces five things
4 milk, cheese, butter (or ghee), urine and dung. The first three are eaten and used
in worship of the Hindu gods, while the last two can be used in religious devotion or
in penance or burned for fuel. When was the last time your cat gave you anything
besides a dead mouse? And here’s a fun fact 4 Hindus associate several animals
with different gods and consider them sacred, including the monkey (Hanuman), the
elephant (Ganesh), the tiger (Durga) and even the rat (Ganesh). But none is as
revered as the cow.

Today, Hindus, who represent around 80% of the Indican population, rarely eat
meat. The consumption of beef is taboo for religious reasons. Some Indican states
have even introduced this principle into their legal system, by passing laws to forbid
the slaughter and consumption of cows (but without going so far as to prosecute beef
eaters). Supporters of secularism and members of other religions denounce these
laws. They are seen as an attack on fundamental human rights and as a form of
discrimination with regard to other religious communities (Muslim and Christian in
particular) which authorise the consumption of beef.

Cows are named ‘Gaumata’ among Hindu people. The term can be divided further
as 3 ‘Gau’ meaning cow, and 8mata9 meaning mother.

These animals are known for providing milk to nourish humans, young as well as
adults. In Egyptian legends, Hathor, the Great Mother goddess of joy and
nourishment, was worshipped as a cow-deity.

Cows also remind one to take care of their physical, mental, and emotional health.
It is believed that one who doesn9t take time to nurture their body, mind, and soul
exude a pessimistic aura and aren9t pleasant to be around.

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Cows further symbolize abundance and fertility. This concept is most likely borne
out of the fact that cows are associated with mother Earth in Vedic cultures.

In many cultures and legends, cows are associated with many deities. Cow9s holiness
is sacred among Hindus. They use cow’s by-products as nourishing and purifying
agents. Hindus even have a specific day to celebrate cows and their holiness when
they revere cows using flower garlands.

In Hinduism, cows are considered one of the most sacred animals. In fact, in
countries where Hinduism is prevalent, such as in Indica and Nepal, slaughtering
and selling beef is a sin. In fact, cow’s urine and dung are often used as purifying
agents in various rituals.

Animals are often symbolized for various gods and goddesses in Hinduism. In
various ancient holy Hindu scripts, cows are considered to be associated with Aditi,
the mother of all deities. Cows give more to humans than humans can ever offer to
them. So, cows are deeply venerated in these cultures.

Lord Krishna, one of the ten incarnations of revered god Lord Vishnu, is also
depicted to adore cows and cavort among them.

In the Puranas, the cow came to be associated with Vishnu while the uncastrated
wild bull came to be associated with Shiva. While Durga killed the male buffalo
demon, Ayyappa of Kerala killed the female buffalo demon.

In Vaishnava mythology, the cow came to be seen as an embodiment of Lakshmi,

the goddess of wealth. In the Bhagavata Purana, the earth takes the form of a cow
and asks Vishnu to protect her. That is why Vishnu, her guardian, is called Go-pala,
protector of the earth-cow. The earth is visualised as being milked by all living
creatures. And when kings plunder earth9s resources, they are described as cow

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killers, or cow tormenters, and Vishnu descends as Parashurama, Ram and Krishna,
to kill the greedy king and let the earth drink their blood.

The image of Krishna as the lovable cowherd god has its origin probably in Tamil
Sangam literature and became part of Sanskrit literature in Harivamsa, the appendix
of the Mahabharata that describes Krishna’s childhood. In Bhagavata Purana,
Krishna kills a bull-demon called Arishtha and a calf-demon called Vatsa.

Hermit orders such as Buddhism and Jainism popularised ideas of compassion, non-
violence and vegetarianism. They opposed Vedic rituals that at one time included
animal sacrifices. In fact, according to Jayadeva, Vishnu descended as Buddha out
of compassion for animals that were being killed as part of rituals.

However, Hinduism, unlike Buddhism and Jainism, has never been prescriptive.
Castes and communities created rules for themselves. Not for all. What was private
was never public. As we have moved away from caste structure to uniform civil
structures, certain caste groups are imposing their private eating habits on the public,
a phenomenon never seen before in Indica. The price of modernity, one can say.

In the past thousand years, as Islam and then British, came into Indica, Hinduism
has become very fearful of contamination and obsessed with purification. Those who
ate cows were seen as pollution while cow urine and cow dung were seen as
purifiers. This symbolic value made cow a potent symbol of Hinduism, even more
than old Puranic metaphors that equated cow with livelihood and the earth.

Increasingly we find posters that all gods being present inside a cow. Worshipping
a cow then becomes equal to worshipping all Hindu gods. This makes cow sacred.

Subsequently, with the rise of the ideal of ahimsa (noninjury), the absence of the
desire to harm living creatures, the cow came to symbolize a life of nonviolent
generosity. As cows’ calves, bulls and bullocks form the heritage of our composite

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culture.

So, it is the duty of individuals to preserve them and to show compassion for them.

The State which conferred Fundamental Rights also imposed certain Fundamental
Duties to follow. The fundamental duties, are, Therefore, intended to serve as a
constant reminder to every citizen that while the constitution specifically conferred
on them certain fundamental rights, it also requires citizen school observe certain
basic norms of democratic conduct and democratic behaviour. The preamble
emphasises the duties, justice, social, economic and political. In addition to this, the
fundamental rights guaranteed by the constitution are not absolute rights. The state
is empowered to impose reasonable restrictions and curtail these rights in the interest
of society. Restrictions may sometimes amount to prohibition. The idea of welfare
State envisaged by our constitution can only be achieved if the States endeavour to
implement them with a High sense of moral duty.

The Indican term "non-vegetarian" for meat eating is reflective of the popular
perception that vegetarian food is the norm and meat eating is an aberration. It is a
different thing that statistics show majority of Indicans to be meat eating. The
controversy related to meat-eating in the Indican context largely emanates from
religion than from health concerns.

In Mohd. Faruk vs. State of M.P1., while holding a Municipality's ban on slaughter
of bulls to be illegal, a 5-judge bench of the Supreme Court observe "The sentiments
of a section of the people may be hurt by permitting slaughter of bulls and bullocks
in premises maintained by a local authority.

But a prohibition imposed on the exercise of a fundamental right to carry on an

occupation, trade or business will not be regarded as reasonable, if it is imposed not

1
1970 AIR 93

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in the interest of the general public, but merely to respect the susceptibilities and
sentiments of a section of the people whose way of life, belief or thought is not the
same as that of the claimant".

In 2004, a 2-judge bench of the Supreme Court in Om Prakash & Others vs State of
Uttar Pradesh upheld the prohibition of sale of eggs in Rishikesh, Haridwar and
Muni ki Reti. The plea was filed by the hotel owners residing in the cities citing their
right to profession under Article 19(1)(g). The Court held that the ban formed a
reasonable restriction under Article 19(6) and said that since trade of food items were
unrestricted in adjoining towns and villages, hence there was "no substantial harm
caused to those engaged in such trade". Interestingly, the Court also cited Article
51A which provides for the citizen's fundamental duties. The Court's decision was
based on the fact that these were pilgrimage places and that the ban had been in
existence for a long period, over 5 decades.

The term "interests of the general public" is very vague and covers a wide range of
interests, including sovereignty, dignity, public order, and morality. It is argued that
legislation or statutes enacted by the state government restricting citizens'
constitutional right to engage in any trade or enterprise must first pass the public
interest test. It means that any restrictions on professional freedom must be
detrimental to the general public's welfare. If a ban is enforced when exercising a
constitutional right, the state bears the burden of proof to show that the prohibition
is in the public's best interests. Otherwise, such a ban would be deemed an arbitrary
infringement on a constitutionally protected fundamental right.

The complete ban on cow slaughter, which has harmed the national interest by
impacting one segment of society's occupation and causing extreme chaos by
depriving a weaker section of the population of their basic right to food and nutrition,
has harmed the national interest. It is also not in the interest of the public to send

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useless cows to Gosadans, as it tortures animals and allows them to slow death which
is not at all beneficial to them. In fact, this is not in the interests of the public. As a
result, outlawing cow slaughter completely defeats the purpose of Article 48 and
robs butchers of their constitutional right to practice their trade.

Nevertheless, the slaughter of the cows and the calves may, however, affect the
religious sentiments of many Indican people but, where such a prohibition is not
imposed for the public interest but is only enacted for the sake of preserving,
respecting and holding the convictions, the fundamental freedom of trade and trade
is seen unreasonable. In Kesavanand Bharati v. State of Kerala, the court ruled that
the national interest takes precedence over the interests of a specific group of people.

The Directive Principles contained in Part IV of the Constitution set out the
aims and objectives to be taken up by the states in the governance of the
country. The idea of welfare State envisaged by our constitution can only be
achieved if the States endeavour to implement them with a High sense of
moral duty. The Directives Principles are the ideals which the Union and
State Governments must keep in mid while they formulate policy or pass a
law. They lay down certain economic, social and political principles, suitable
to peculiar conditions prevailing in Indica.

38(1)- provides that the State shall strive to promote the welfare of the people
by securing and protecting as effectively as it aims, a social order in which
justice- social, economic and political- shall inform all the institutions of
national life. The Constitution (44th Amendment) Act, 1978 inserted clause (2)
in Article 38. It provides- The State shall, in particular, strive to minimize the
inequalities in income,and endeavour to eliminate inequalities in status,

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facilities and opportunities, not only amongst individuals but also amongst
groups of people residing in different areas or engaged in different vocations
The State which conferred Fundamental Rights also imposed certain
Fundamental Duties to follow. The fundamental duties, are, therefore,
intended to serve as a constant reminder to every citizen that while the
constitution specifically conferred on them certain fundamental rights, it also
requires citizen school observe certain basic norms of democratic conduct and
democratic behaviour. The preamble emphasises the duties, justice, social,
economicand political.

In addition to this, the fundamental rights guaranteed by the constitution are

not absolute rights. The state is empowered to impose reasonable restrictions
and curtail these rights in the interest of society. Restrictions may sometimes
amount to prohibition. It was held in the case of Narendra v. Union of Indica
(1960). Fundamental duties are enshrined in Article 51-A.

As per Articles 51-A (f) to value and preserve the right heritage of our
composite culture, 51-A(g) to protect and improve the natural environment
including forests, lakes, rivers and wild life and to have compassion for living
creature., it is the duty of every individual to value and preserve the heritage
and show compassion to living creatures. As cows9 calves, bulls and bullocks
form the heritage of our composite culture. So, it is the duty of individuals to
preserve them and to show compassion for them The State which conferred
Fundamental Rights also imposed certain Fundamental Duties to follow.

The fundamental duties, are, Therefore, intended to serve as a constant

reminder to every citizen that while the constitution specifically conferred on
them certain fundamental rights, it also requires citizen school observe certain
basic norms of democratic conduct and democratic behaviour.

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The preamble emphasises the duties, justice, social, economic and political. In
addition to this, the fundamental rights guaranteed by the constitution are not
absolute rights. The state is empowered to impose reasonable restrictions and
curtail these rights in the interest of society. Restrictions may sometimes
amount to prohibition. It was held in the case of Narendra v. Union of Indica
(1960). They are enshrined in Article 51-A. As per Articles 51-A (f) to value
and preserve the right heritage of our composite culture, 51-A(g) to protect
and improve the natural environment including forests, lakes, rivers and wild
life and to have compassion for living creature., it is the duty of every individual
to value and preserve the heritage and show compassion to living creatures.

1. As cows calves, bulls and bullocks form the heritage of our composite culture.

2. So it is the duty of individuals to preserve them and to show compassion for

them

In State of Gujarat v. Mirazpur Moti Kureshi Kassab Jamat, the petitioners

who were butchers, had challenged the constitutional validity of the Bombay
animal (preservation of Gujarat) Act, 1994 on the ground that it was violative
of their fundamental right to carry on trade and business under article 19 1
(g) of the Constitution. Under the above legislation the Gujarat state had
imposed a total ban on the slaughter of cows and calves and its progeny. The 7
Judge Constitutional Bench of the Supreme Court by 6-1 majority, following
its number of decisions held that directive principles are relevant in
considering the reasonability of restrictions imposed on fundamental rights it
is a constitutional mandate under article 37 of the constitution which provides
that in making laws the state shall apply the directive principles. Restriction
placed on fundamental rights will be held to be reasonable and hence valid
subject only two limitations.

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1. It does not conflict with the fundamental rights and

2. The concerned legislature is competent to enact it. The court held that the
prohibition does not amount to a total ban on business activity of butchers.
They are left free to slaughter cattle other than those specified in the act and
carry on their business activity. The banning is not a prohibition but only a
restriction. Only a partof their activity has been prohibited.

The cow and her progeny constituted the backbone of Indican Agriculture
and rural economy as the cattle products and drought animal power in the
field of nutrition and health, agriculture and energy. In view of this the
government felt that it is necessary to formulate measures for their
development in all possible way as to prevent their slaughter. The ban on
slaughter of cow progeny imposed by the Act.

Therefore, In the interest of general public within the meaning of clause (6) of
the Article 19 of the constitution. By virtue of these provisions and case it is
contendedthat Act is Constitutionally valid.
Some Latest Case Law Regarding this issue
(A) IN THE SUPREME COURT OF INDIA
Civil Appeal No. 8641 of 2009
Decided On: 05.10.2023
Mukesh Kumar Vs. S. Kuldeep Singh
Hon'ble Judges/Coram:
Aniruddha Bose, P.V. Sanjay Kumar and S.V. Bhatti, JJ.
Whether amendments made vide the Amendment Act with regard to the
rights of Non-Resident Indians by the State Legislature of Punjab were
beyond its competence?
No…so the appeal was Dismissed

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(B) IN THE SUPREME COURT OF INDIA

Writ Petition (Civil) No. 1224 of 2023
Decided On: 10.11.2023
State of Punjab Vs. Principal Secretary to the Governor of Punjab and Ors.
Bearing in mind the well settled principles which have been adverted to
above, we are of the view that there is no valid constitutional basis to cast
doubt on the validity of the session of the Vidhan Sabha which was held on
19 June 2023, 20 June 2023 and 20 October 2023. Any attempt to cast doubt
on the session of the legislature would be replete with grave perils to
democracy. The Speaker who has been recognized to be a guardian of the
privileges of the House and the constitutionally recognized authority who
represents the House, was acting well within his jurisdiction in adjourning the
House sine die. The re-convening of the House was within the ambit of Rule 16
of the Rules of Procedure. Casting doubt on the validity of the session of the
House is not a constitutional option open to the Governor. The Legislative
Assembly comprises of duly elected Members of the Legislature. During the
tenure of the Assembly, the House is governed by the decisions which are taken
by the Speaker in matters of adjournment and prorogation. We are, therefore,
of the view that the Governor of Punjab must now proceed to take a
decision on the Bills which have been submitted for assent on the basis that
the sitting of the House which was conducted on 19 June 2023, 20 June
2023 and 20 October 2023 was constitutionally valid.

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Issue 2 : How fundamental rights of are violated of any community, if any ?

The Hindu sentiment in favour of cow protection is old, widespread and deep-seated
and it has taken no time to rouse at this moment to a pitch when it is difficult, if not
impossible, to ignore it.
When the constitution was framed, it was framed keeping in mind that, the
fundamental rights, and directive principles of state policy go hand in hand. in
the State of Madras vs Smt. Champakam Dorairajan, 8The Directive Principles of
State Policy have to conform to and run as subsidiary to the Chapter on Fundamental
Rights.
Hence, while bringing the Directive Principle of State Policy which stated, <State
shall endeavour to organize agriculture and animal husbandry on modern and
scientific line and shall take steps in particular for preserving and improving the
breeds, and prohibiting the slaughter, of cows and calves and other milch and draught
cattle.= might have involved a certain thought process by the makers of the
Constitution.

The Directive Principles contained in Part IV of the Constitution set out the aims
and objectives to be taken up by the states in the governance of the country. The idea
of welfare State envisaged by our constitution can only be achieved if the States
endeavour to implement them with a High sense of moral duty. The Directives
Principles are the ideals which the Union and State Governments must keep in mid
while they formulate policy or pass a law. They lay down certain economic, social
and political principles, suitable to peculiar conditions prevailing in Indica.

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In the Minerva Mills case (1980), 2the Supreme Court also held that 8the Indican
Constitution is founded on the bedrock of the balance between the Fundamental
Rights and the Directive Principles. They together constitute the core of commitment
to social revolution. They are like two wheels of a chariot, one no less than the other.
To give absolute primacy to one over the other is to disturb the harmony of the
Constitution. This harmony and balance between the two are an essential feature of
the basic structure of the Constitution. The goals set out by the Directive Principles
have to be achieved without the abrogation of the means provided by the
Fundamental Rights9. The goal set out in part IV of the Constitution have to be
achieved without abrogating the means provided for by Part III.

Apart from possessing a Sentimental value within the Hindu9s and being considered
Holy and sacred, The state animal husbandry department said that the cow, and its
progeny were the backbone of Maharashtra's agrarian economy and to protect it and
also to prevent cruelty to animals the law was brought into effect. The government
also clarified that the ban was only on the slaughter of cows, bulls and bullocks and
the possession of flesh of these animals. ''There is no total ban on import of meat or
livestock. The only ban is for the possession of meat/flesh of cow progeny within
the state of Maharashtra and there cannot be trade or commerce of meat/flesh of cow
progeny. All other kind of meat including that of buffalo is permitted to be
possessed,''

Fundamental Rights, as the name suggests are one of the most important sources for
the protection and maintenance of human dignity and integrity, which also
contributes towards the development of the society as a whole. The Constitution also

2
1980 AIR 1789

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provides for enforcement of these rights hence they have legal value also which
empower a citizen to protect, respect and fulfil the rule of law. They uphold the
equality of all individuals, the dignity of the individual and the nation9s unity.

Fundamental rights are the basic human rights enshrined in the Constitution of
Indica which are guaranteed to all citizens. They are applied without discrimination
on the basis of race, religion, gender, etc. Significantly, fundamental rights are
enforceable by the courts, subject to certain conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:
1. They are enshrined in the Constitution which guarantees them
2. They are justiciable (enforceable by courts). In case of a violation, a person can
approach a court of law.

Some of the fundamental rights as the Republic of Indica suggests are

• the right to freedom of religion,
• freedom to carry on any trade, profession and business,
• right to life and personal liberty etc.

Freedom of religion under Article 25 of the Indican Constitution,

The preamble to the Constitution of Indica proclaimed Indica " secular democratic
republic". The word secular was inserted into the Preamble by the Forty-second
Amendment Act of 1976. It mandates equal treatment and tolerance of all religions.
Indica does not have an official state religion; it enshrines the right to practice,
preach, and propagate any religion. No religious instruction is imparted in
government-supported schools.

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In S. R. Bommai vs. Union of Indica3, the Supreme Court of Indica held that
secularism was an integral tenet of the Constitution.

Though it is strongly endorsed that state should not interfere into the food that a
person consumes, right to eat or right to eat beef however is not a fundamental right.
Even if Right to Food is considered a fundamental right, the Right to choice of Food
is still an exception. But Right to religion is a fundamental right.
So, respecting each other9s cultural heritage is also important.

Article 19(1)(g) of the Indican Constitution,

State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat stated that the butchers are
free to slaughter other forms of cattle other than those mentioned in the Act and it
would not be violative of Article 19(1)(g).
They can slaughter animals other than cow progeny and carry on their business
activity ... it is not necessary that the animal must be slaughtered to avail these things
(hides, skins, etc). The animal, whose slaughter has been prohibited, would die a
natural death even otherwise and in that case their hides, skins and other parts of
body would be available for trade and industrial activity.

In Mirzapur Moti Kureshi Kassab judgment on October 26, 2005, the seven-judge
bench by six to one majority said, The ban is total with regard to the slaughter of
one particular class of cattle. The ban is not on the total activity of butchers (kasais);
they are left free to slaughter cattle other than those specified in the (Gujarat) Act.

3
1994 AIR 1918

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This however means that, the Butchers are free to carry out the trade business or
profession of their choice, but are subject to certain restrictions when it comes to the
present amendment.
Article 21 of the Indican Constitution:
No person can be deprived of their right to life or liberty except according to the
procedure that has been established under law.
Art. 21 refers to right to life and embodies several aspects of life including the right
to live with human dignity, right to livelihood, right to legal aid, right to pollution
free air, right to health, right to food etc.
The exception provided under Article 21 which states that the liberty of an individual
can be restricted by the State as per the procedure established by law, however this
procedure also cannot be irrational, unconstitutional or arbitrary.

The reasonable restriction included in Article 21 is mostly neglected but holds a

paramount importance. The amendment to the Law of Maratha Animal Preservation
Act, is done in keeping in mind the interests of the society as a whole.
Article 25 only protect those practices which are integral parts of a religion. It is the
duty of the court to decide whether a practice is an essential practice or not depending
on the evidence formulated by the conscience of the community and the tenets of the
religion.

• Some of the religious practices which were held essential by the Court:
1. In Mohd. Hanif Quareshi v. State of Bihar4: In one of the communities,
worshipping of an image or idol.

4
1958 AIR 731

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2. In Sarwar Husain v. Addl. Judge: Community X offering prayers at a public

mosque.

• Some of the religious practices which were held not essential by the Court:
1. In Mohd. Hanif Quareshi v. State of Bihar: The sacrifice of a cow in the X
religion.

Thus, even if, we shall look into the religious aspect of the community X the
essentiality of slaughtering of cows, bulls, bullocks do not constitute an essential
practice in the religion.

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PRAYER

In light of the issues raised, arguments advanced, and authorities cited,

council humbly requests this Hon9ble Court that it may be pleased to:

1. Reject the petition filed by the Petitioner;

2. And Pass any other Order, Direction, or Relief that it may
deem fit in the Best Interests of Justice, Fairness, Equity and
Good Conscience.

For This Act of Kindness, the petitioner Shall Duty Bound Forever Pray.

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