"Serious practical difficulties:" Karnataka High Court on prosecuting farmers under Cattle Slaughter Ordinance for transporting cattle

The Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 (Ordinance) causes serious practical difficulties to cattle owners including farmers, the Karnataka High Court said on Monday. .A Bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum, therefore, agreed to hear the play for interim relief against the Ordinance on Wednesday. ."Consider this difficulty... everytime the farmer cannot take a certificate from the Authority. For eg, cattle will have to be taken to a government dispensary. For that purpose also, he will have to take certificate", the Court remarked..The Court was hearing a plea, filed by one Mohammed Arif Jameel, seeking to quash the Ordinance..The difficulties as stated by the Court was in view of Section 5 of the Ordinance which places restrictions on transport of cattle within the State for slaughter. .Section 5 of the Ordinance reads as follows:."5. Restriction on transport of cattle.- No person shall transport or offer for transport or cause to be transported by whatever means any cattle from any place within the State to any other place within the State for slaughter. Provided that, the transport of any cattle, in the manner prescribed by the State Government or Central Government, for bona-fide agricultural or animal husbandry purpose shall not be construed as an offence under this section.".Highlights of the Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2020 [Read Bill].Counsel for the petitioner pointed out that a case had already been registered against a person under the Ordinance and sought interim relief. "FIR has been registered under this. Some interim order is required," he said. ."List the petition day after tomorrow when court will consider prayer for grant of immediate interim relief concerning Section 5 read with Section 13 of the impugned Ordinance. Wider prayer will be considered at a later stage," the Court said in its order. .The Court went on to state that the proviso to Section 5 was quite vague and the same created ambiguity. ."Just see at the grassroot levels, academically just see this, the purport of Section 5 is that transport is banned for slaughter. You can't take cattle from one place to other. If the proviso was not there, it would not have created a difficulty.".Right to choose food is part of right to personal liberty and privacy: Cattle Slaughter Ordinance challenged before Karnataka High Court.During the hearing, the Court was further apprised that one more petition had been moved, by Advocate Clifton D Rosario seeking relief. The Bench proceeded to issue notice to the State in that petition too. ."Ultimately, State will have to consider what happens to a common farmer," CJ Oka remarked as the hearing drew to a close..The Governor of Karnataka, Vajubhai Vala had given his assent to the Ordinance 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"..Section 5 states that no person shall transport or offer for transport or cause to be transported by whatever means any cattle from any place within the State to any other place within the State for slaughter..Section 4 invites imprisonment of not less than three years and not more than seven years and/or fine of not less than Rs. 50,000 for each 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.For contravention of provisions other than Section 4, the prison term is three to five years, and the fine is not less than Rs. 50,000 and can extend to Rs. 5 lakh.All offences under the ordinance are cognizable..The matter will be next heard on January 20. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.