Karnataka HC issues notice to govt on plea challenging anti-cattle slaughter ordinance

The Karnataka High Court has issued a notice to the state government based on a PIL filed against a recently passed ordinance that mandates the prevention of cattle slaughter. The notice was issued based on a petition filed by Mohammed Arif Jameel against the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 promulgated by the state government and signed by the Governor on January 6. The Ordinance penalizes the slaughter of cattle except for buffaloes above the age of 13.

A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Shankar Magadum was hearing the plea filed by Mohammed Arif Jameel, challenging the constitutionality of the contentious ordinance. Challenging the Ordinance, the petitioner contended that “law violates the fundamental rights of citizens and is unconstitutional. It further said that Article 19 (1) (g) of the Constitution guarantees citizens to carry out trade and business, subject to the reasonable restriction as mentioned in clause 6 of that Article,” reported Live Law.

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The petition also raised concerns that the ordinance gives a free hand to the police to raid or seize any property on mere suspicion, thus leading to harassment by officials. The plea contended that the ordinance invades a citizen’s right to privacy as it allows search and seizure by a police officer, a Tahsildar, or a veterinary officer. The petitioner further stated that the law could lead to an increase in incidents of cow vigilantism in the state, especially in the coastal region.

The Advocate General(AG) informed the HC that the government is in the process of framing the rules and requires time till January 18 to complete the process.

The Karnataka Prevention of Slaughter and Preservation of Cattle Bill was passed in the Karnataka Assembly on December 9, but the same was not tabled in the Legislative Council. The Government then chose to pass an Ordinance to enforce the law.

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