Yogi Government’s Ban on Illegal Slaughterhouses and Meat Sales Near Religious Sites: A Constitutional Perspective


Introduction

The Uttar Pradesh government, under Chief Minister Yogi Adityanath, has imposed a strict ban on illegal slaughterhouses and the sale of meat within a 500-meter radius of religious sites until April 6, 2025, to maintain public order and religious sanctity. This move is significant from a constitutional and legal standpoint, particularly concerning Article 21 (Right to Life and Personal Liberty) and the state’s authority to impose reasonable restrictions to ensure communal harmony.

The Legal and Constitutional Framework

Article 21 of the Indian Constitution guarantees that "no person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court has expanded its interpretation to include the right to live with dignity, the right to livelihood, and the right to a clean environment.

However, the state has the power to impose reasonable restrictions on fundamental rights when necessary to maintain public order, morality, or health under Article 19(6) and Article 25(2). The ban on meat sales near religious sites falls within this scope, as it aims to respect religious sentiments and maintain peace during a significant Hindu festival—Chaitra Ram Navami.

Justification of the Ban Under Article 21

The Supreme Court, in multiple judgments, has upheld that religious sentiments and communal harmony are essential elements of public order. The ban can be justified on the following grounds:

  1. Ensuring Public Order and Harmony

    • The ban is intended to prevent communal tensions that could arise due to meat consumption near temples, especially during religious occasions.

    • Similar restrictions have been upheld by courts in the past to prevent conflicts arising from religious sensitivities.

  2. Right to Life vs. Religious Freedom

    • While Article 21 guarantees the right to livelihood, it is not absolute.

    • In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court recognized the right to livelihood as part of the right to life, but also held that it can be regulated for the larger public good.

  3. Precedents on Restrictions in Religious Areas

    • The Supreme Court, in cases like MC Mehta v. Union of India (1996), has ruled that pollution control measures, including those affecting industries, can be imposed in the interest of public health and environmental protection.

    • The court has also upheld zoning laws that prohibit certain trades in specific areas for maintaining civic order.

Implementation of the Ban

The state government has formed district-level committees headed by District Magistrates, which include officials from the Police, Pollution Control Board, Animal Husbandry Department, Health Department, and Food Safety Administration. These committees will ensure strict compliance with the ban and take action against violators under:

  • UP Municipal Corporation Act, 1959

  • Food Safety and Standards Act, 2006 & 2011

On April 6, 2025 (Ram Navami), a total ban on animal slaughter and meat sales will be enforced across the state.

Cultural and Religious Significance

Apart from legal implications, the move aligns with the government’s broader vision of promoting Hindu cultural heritage. As part of the celebrations, the Yogi government has instructed all temples in Uttar Pradesh to conduct a 24-hour Akhand Path of Shri Ramcharitmanas, culminating with the Surya Tilak of Shri Ram Lalla in the Shri Ram Janmabhoomi temple on April 6 at noon.

Conclusion

While the ban on meat sales near religious sites may impact certain businesses, it is legally justified under Article 21, Article 19(6), and Article 25(2) as a reasonable restriction in the interest of public order and religious harmony. The Supreme Court has repeatedly held that restrictions on trade and occupation can be imposed to balance constitutional rights and communal peace. The government’s initiative reflects a constitutional approach to maintaining law, order, and religious sanctity while ensuring that legal procedures are followed.

Location: Pune, Maharashtra, India

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