In a landmark judgment, the Telangana High Court mandates the state to draft guidelines addressing the sale and consumption of non-vegetarian food within 100 meters of temples, schools, and hospitals.
The Telangana High Court, in a significant ruling, has directed the State of Telangana and concerned authorities to formulate a comprehensive policy regulating the sale and consumption of meat and non-vegetarian food near places of worship, educational institutions, and hospitals. This directive comes in response to a writ petition filed by Bipin Ramdas Ippakayal, who faced interference in his restaurant business located near a temple in Hyderabad.
The petitioner, Bipin Ramdas Ippakayal, leased a property at Red Hills, Hyderabad, intending to run a restaurant. Despite having obtained necessary licenses from the Greater Hyderabad Municipal Corporation (GHMC) and the Food Safety and Standards Authority of India, he was subjected to harassment and intervention by local authorities, citing law and order concerns and public sentiments due to the proximity of his establishment to the Hanuman Temple.
The court acknowledged the absence of specific statutory provisions under the GHMC Act regulating the sale and consumption of meat near places of worship. It noted that while rules exist for regulating the sale of alcohol within 100 meters of such locations, similar provisions for meat and non-vegetarian food were lacking.
Justice B. Vijaysen Reddy, presiding over the case, emphasized the need for a policy that takes into account religious sentiments, hygiene, serenity, law and order, and traffic concerns. The court's directive aims to ensure that the establishment of meat shops and non-vegetarian food outlets near sensitive locations does not lead to public nuisance or religious discord.
The judgment refers to similar cases from Delhi and Rajasthan, highlighting the importance of maintaining a respectful distance between meat shops and places of worship or educational institutions. The court has given the state authorities four weeks to frame the necessary guidelines, ensuring that the concerns of all stakeholders, including religious sentiments and public health, are adequately addressed.
Until the policy is in place, the court has ordered a status quo to be maintained regarding the petitioner's property. This ruling underscores the judiciary's role in balancing business interests with societal and religious considerations.
Bottom Line:
Regulation of sale/consumption of meat/non-vegetarian food within a specified distance from places of worship, educational institutions, or hospitals, in absence of specific laws governing such activities.
Statutory provision(s): Greater Hyderabad Municipal Corporation Act, 1955 Section 521(1)(e)(i), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 152(1)(b), Telangana Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2012 Rule 25
Bipin Ramdas Ippakayal v. State of Telangana, (Telangana) : Law Finder Doc id # 2849453
