Gujarat high court refuses to let errant meat shops reopen

The Gujarat high court on Tuesday rejected all applications for reopening, filed by the owners of meat and chicken shops that have been closed, saying that along with the right to livelihood and right to food, the right to food with hygiene is concomitant to constitutional provisions.

While refusing to order the state authorities to allow 800-odd shops to reopen until they fully comply with food safety standards, other related regulations and obtain the requisite licences, the bench of Justice N V Anjaria and Justice Niral Mehta made it clear that if such a shop or slaughterhouse complies with the laws and regulations and applies for permission to reopen, the authorities must expeditiously act on their request and let them reopen.

Such shops across the state were shut in January, after a survey by the Gujarat State Legal Services Authority revealed they were not complying with prescribed hygiene standards and were operating without requisite licences or in violation of certain rules, as most were found to be selling unstamped meat.

This action came upon the HC's directions in response to a PIL that demanded proper implementation of the rules and the Supreme Court's guidelines on the functioning of slaughterhouses.

After this, many chicken and mutton shop owners asked the HC to allow them to reopen, promising that they would meet the requisite food safety standards. The HC said it cannot permit relaxation of any rules.

As the shop owners cited their right to freedom of trade as a fundamental right, the bench said it is not a "carte blanche". 

Laws are enacted and operate for the public good and public interest and "the right to free trade in food items like meat, or any such food has to be subserving to public health and food safety requirements".