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Synopsis

A Bench of the Bombay High Court comprising of Chief Justice Dipankar Datta and Justice Madhav J. Jamdar on Monday, questioned the Jain authorities and charitable trust seeking a ban on the advertisement of meat products in electronic media.

The division bench questioned the petitioners regarding the jurisdiction of the High Court can assume to ban something and frame guidelines on something which is the domain of the legislature. The bench also noted that the petitioner was encroaching on the right of people displaying/advertising meat products. The Bench noted that it would violate the right under Article 19 of the Constitution of people displaying/advertising meat products and stated that the petitioner was asking the court to frame laws and guidelines which is not in existence.

After the petitioner requested the court to add judgments of the Bombay High Court and amend the plea, the court directed the petitioner to withdraw the plea and file a fresh petition.

The petition stated that the advertisement of meat products on electronic and print media infringes the right under Article 21 of the Constitution and further violates the right to privacy and the right to protection of culture and heritage. Further, the petitioner argued that it violates Article 51A(g) since it harms the natural environment due to the killing of marine life and other animals.

The petition stated that the petitioners are not against people wanting to eat non-vegetarian food, but only against the display/advertisement of non-vegetarian food. The petition had sought necessary directions to be issued to the Union of India, Press Council of India, the State of Maharashtra, The Urban Development Department, Food, Civil Supplies, and Consumer Protection Department, Advertising Standards Council of India, Aurus Chambers, Delightful Gourmet Pvt ltd, Meat, and Spice Private Limited.

Case title: Trustee Atma Kamal Labdhisurishwarji Jain Gyanmandir Trust & Ors. vs. Union of India & Ors.