Right to personal liberty and privacy, includes right to choose food: Cattle Ordinance challenged before Karnataka High court

The Karnataka High Court looking for the reaction of the State government in a plea seeking to quash the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020.

A notice is issued in the matter by the Bench of Chief Justice Abhay Shreeniwas Oka and Justice SS Magadum.

Petitioner Mohammed Arif Jameel notify the Bench that one of the provisions of the said Ordinance even penalizes a farmer who takes his cattle to farm in another village.

On this aspect, Advocate General Prabhuling Navadgi sought time to address the Bench.

The plea states,

“It is submitted that the right to choose food (Non vegetarian or vegetarian) is a part of the right to personal liberty, conscience, and privacy. By imposing a ban on the slaughter of animals for food, the citizens with a choice to eat the flesh of such animals would be deprived of such food, which violates the right to food, privacy and personal liberty guaranteed under Article 21of the Constitution of India.”

Assent to the Cattle Slaughter Ordinance was Given by the Governor of Karnataka on January 5, 2021.

Section 4 of the ordinance prohibits the slaughter of cattle, defined as “cow, calf of a cow and bull, bullock and he or she buffalo below the age of thirteen years.”

Conviction under Section 4 provide imprisonment of not less than 3 years and not over 7 years and/or fine of not less than Rs. 50,000 for every cattle, which can be extended to Rs. 5 lakh.
For subsequent offences, the fine is not less than Rs 1 lakh and can be extended to Rs. 10 lakh.

And for contraventions other than Section 4 provision, the imprisonment is three to five years, and the fine is not less than Rs. 50,000 which can be extend upto Rs. 5 lakh.

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