No Unrestricted Freedom To Sell Meat/Run Slaughter Houses On Religious Occasions Sans Complying With Food Safety Laws: Gujarat HC

In no uncertain terms, the Court held that the Permission to reopen the meat shops cannot be granted even though the shop owners remain non-compliant of the laws.

In its order, the High Court also said that the consumers of any food including meat and meat products have a right to have safe food and that the right to food with hygiene is also concomitant to Article 21 of the Constitution, as the right to the food itself is.

Further, the Court observed that all the meat shops and slaughterhouses that have been closed by the authorities for the reason that they have failed to comply with the licensing and regulatory norms, food and safety standards, pollution control requirements, and for any such other legal considerations including non-observance of hygiene imperatives, COULD NOT be permitted to be reopened unless they become fully compliant of such norms and regulations.

Importantly, the Court also noted that the Right to freedom of trade may be a fundamental right, but not a carte blanche and that the meat sellers/slaughterhouses have to comply with the the provisions of Food Safety and Standards Act, 2006, and the Food Safety Regulations as these laws are enacted and operate in the public good and public interest.

The Court also noted that the above laws and other laws seeking to fulfill the purpose of insulating the animals from cruelty and cruel acts, pollution, and environmental laws are all limiting factors, which will operate as reasonable restrictions on the right of the vendors of the meat and slaughterhouse owners to run their business.

The background of the case

The Gujarat High Court had, in a PIL plea seeking a ban on illegal and unlicenced slaughterhouses and meat shops in the state, earlier directed the civic body authorities to act against such shops, meat sellers, and slaughterhouses who are operating in violation of statutory laws.

Following the order of the HC, the civic body authorities had sealed and ordered for closure of such shops affecting meat vendors, shop associations, and owners prompting them to move to the HC as a party in the PIL plea as being aggrieved parties.

Essentially, 21 applicants prayed for passing an order to open the seal of chicken meat shops in the city of Surat. Some other pleas were also moved seeking similar directions for reopening the premises or shops or slaughterhouses of the members of the applicant association engaged in the slaughtering of small animals such as goats and sheep and further to permit to sell the mutton

Some petitioners prayed that if unstamped meat is sold at some shops, it is the failure of the Stand and authorities of the State in discharging statutory duties of providing slaughterhouse. It was also submitted that therefore, no fault could be found with the persons engaged in slaughtering the animals and selling meat.

According to them, there was no proper mechanism to take care of the meats, and for running the business of meat selling.

Importantly, it was their uniform argument that the closure of meat shops was illegal and amounts to deprivation and curtailment of their right to free trade under Article 19(1)(g) of the Constitution. It was also submitted that the month of Ramadan is underway, therefore, the State should liberally act to redress the grievance of the applicants to permit them to sell the meat by allowing the opening of the shops.

However, rejecting their arguments, the Court said that there is no unrestricted freedom to run meat business if the establishment owners are not norm compliant. The Court also noted that it was not the case the local authorities had not closed all slaughterhouses and meat shops and that the shops which are norms compliant are permitted to run their business.

The Court also observed that even the shops and premises owners who are given the show cause notice or whose shops are ordered to be closed, could meet the requirements of law and after fulfilling the norms, may approach the competent authority or competent committee seeking to reopen their business premises or shops. 

With this, the Court disposed of the matter while directing the competent authority or the State or District Level Committee as the case may be, to permit the shop or slaughterhouse to be reopened, permitting the owner or vendor to run the business by continuing to comply with the business norms.

Case title - Patel Dharmeshbhai Naranbhai vs Dharmendrabhai Pravinbhai Fofani 

Case Citation: 2023 Livelaw (Guj) 70

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