"Why are you encroaching on others rights": Bombay High Court on plea by Jain bodies to ban ads of non-vegetarian food

The Bombay High Court on Monday took an unfavourable view of a public interest litigation (PIL) petition filed by Jain bodies seeking restrictions/ ban on the advertisements of meat and meat products in print and electronic media..A Bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar said that the issue falls within the domain of the legislature and it cannot frame law/ rules imposing bans. "First of all, tell us is it within our jurisdiction? You are asking High Court to frame rules and guidelines to ban something. It is for the legislature to decide," the bench remarked.As a High Court, we can only intervene when there is infringement of any right, the bench added.The bench also said that the petitioner was effectively encroaching on the rights of others by seeking such a ban."What about violation of Article 19 of the Constitution? Why are you encroaching on others' rights? There are two ways of looking at it. An ordinary man would say switch off the TV. But we would look at it from the point of law. What you are asking has to be provided by law, here there is no such law which is why you are asking us to frame the law," the Court said.The petitioners sought leave to amend the plea, stating that some orders relevant to the issue have not been annexed to the petition. The Court then allowed the petitioner to withdraw the plea, stating that the petitioners can file a fresh petition if they so desire. .The plea filed by three Jain religious charitable trusts and a Mumbai resident practising Jainism, claimed that their families including their children are forced to watch such advertisements.This infringes on their right to live peacefully and "tamper" with the minds of the children, the petitioners contended.The petition sought reliefs from the Ministry of Information & Broadcasting, the State, the Press Council of India, the Food, Civil Supplies and Consumer Protection Department and the Advertisement Standards Council of India.Apart from these, the petitioners also arraigned companies Licious, Freshtohome Foods and Meatigo as respondents.They sought directions to the concerned authorities to frame and issue guidelines to restrict and ban advertisement of non-vegetarian foods across media.The petitioners claimed that the advertisements are not only disturbing and causing harassment to the people who believe in being vegetarian, but also infringe on their fundamental right of privacy.In this regard, the plea cited Article 51A (g) of the Constitution which bats for compassion towards living creatures as one of the fundamental duties.However, advertisements of meat products are promoting and expressing cruelty towards the living creatures, the petition said."It is the fundamental right of everyone in this country to live with human dignity free from exploitation, however, the impugned advertisements exploit the mind of children and youngsters by provoking, promoting and intimidating to consume non-vegetarian foods," the plea highlighted.There is already ban on advertising alcohol and cigarettes by government and similar to alcohol and cigarette, non-vegetarian foods are not healthy, causes damage to environment and instigates youngsters to consume them, the petitioners contended.The plea clarified that they are not opposed to the sale or consumption of such food and their plea is only against advertisement of such items.