Claim to Reopen Beef Shops and Slaughterhouses on Independence Day and Janmashtami Challenged in Telangana High Court
A petition has been filed before the Telangana High Court against the closure of beef shops and slaughterhouses in Hyderabad, scheduled for August 15 and 16. The case, which arose from a controversy over an order by the Greater Hyderabad Municipal Corporation (GHMC) shutting these establishments on Independence Day and Janmashtami, centers on the legality and constitutionality of the GHMC’s order and its impact on livelihoods and fundamental rights.
Reasoning and Arguments in the Case
The petition, filed by law student Vadla Srikanth and represented by advocate Vijay Gopal, challenges the GHMC order arguing that the Commissioner acted beyond his legal authority. The order was issued citing Section 533(b) of the GHMC Act, but the petitioner contended this provision does not empower the Commissioner to close lawful businesses without valid reasons. The court asked GHMC to clarify under what lawful authority the ban was imposed.
The petitioner argued that the sudden closure affects the livelihoods of beef traders and slaughterhouse owners. They claimed the order was arbitrary and violated constitutional rights, specifically:
- Article 14 (Right to Equality): The ban singled out beef shops without a justifiable basis.
- Article 19(1)(g) (Right to Practice any Profession): The closure disrupted lawful business.
Additional arguments include infringement on rights to livelihood, liberty, privacy, nutrition, culture, and religion.
Political leader Asaduddin Owaisi publicly criticized the GHMC’s action as unconstitutional and called it “callous,” emphasizing that over 90% of people in Telangana consume meat. He also highlighted there is no reason to tie meat bans to national celebrations like Independence Day.
Telangana High Court’s Response
The court initially intervened by asking GHMC to provide explanations for the ban and adjourned hearings to August 13, seeking clarity on the legal basis.
Later, the court declined to stay the GHMC ban on cattle slaughterhouses and beef shops for Independence Day and Janmashtami, effectively allowing the closure to continue during those days.
Constitutional Violations Alleged
The main constitutional violations alleged include:
- Violation of Article 14 due to perceived arbitrariness and lack of equal treatment for similar businesses.
- Violation of Article 19(1)(g) as the order interfered with the right to carry on a profession or business.
- Possible breach of fundamental rights related to cultural, religious practices, and nutrition, which impact personal liberty and privacy.
In summary, the Telangana High Court case involves a legal challenge to GHMC’s order to close beef shops and slaughterhouses on specific dates, questioning its statutory validity and alleging constitutional breaches related to equality and livelihood rights. While the court sought explanations and heard arguments, it ultimately did not grant a stay against the closure order for the specified holidays. The case reflects tensions between municipal orders and constitutional protections invoked by affected stakeholders.
The matter will be heard again on August 13.
- The petitioner in the ongoing case at the Telangana High Court, regarding the closure of beef shops and slaughterhouses, argues that the General-News issue, involving the Greater Hyderabad Municipal Corporation's (GHMC) order to shut these establishments, defies constitutionality based on Article 19(1)(g), as it disrupts lawful businesses and infringes on the right to practice a profession.
- The ongoing case before the Telangana High Court, concerning the closure of beef shops and slaughterhouses, has also seen political debate, with political leader Asaduddin Owaisi asserting that the GHMC's actions are unconstitutional and violate fundamental rights such as those enshrined in Article 14 and Articles related to cultural, religious practices, and nutrition, which respectively protect the rights to equality and the right to carry on a profession, and safeguard personal liberties and privacy.
