The Bombay High Court has rejected the petition filed by Jain Trust which sought a ban on advertisements of non-vegetarian foods, saying that the petitioners were trying to encroach on the rights of others by seeking such a ban.
The bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar said the issue falls within the domain of the legislature, and it cannot frame rules and laws imposing bans.
They heard a public interest litigation (PIL) by Shree Trustee Atma Kamal Labdhisurishwarji Jain Gyanmandir Trust from Dadar, Seth Motisha Religious and Charitable Trust from Byculla and Shri Vardhaman Parivar from Opera House and a businessman Jyotindra Shah.
The PIL said the advertisements are an utter violation of fundamental rights to life including to live in peace and privacy.
As soon as the petition came up for hearing, the bench clarified that the court can intervene only when rights are infringed. “First of all, tell us, is it within our jurisdiction? You are asking the high court to frame rules and guidelines to ban something. It is for the legislature to decide.”
The court went on to say that the petitioners were effectively encroaching upon the rights of others by seeking such a ban. "What about violation of Article 19 of the Constitution? Why are you encroaching on others' rights? There are two ways of looking at it. An ordinary man would say switch off the TV. But we would look at it from the point of law. What you are asking has to be provided by law. Here there is no such law, which is why you are asking us to frame the law.”
"You are asking for a direction to the government to pass orders to ban something. This falls within the domain of the legislation. The High court, in a writ petition, cannot say what legislation can be enacted," said CJ Datta.
The advocate then sought the court’s permission to amend the plea, which the court said could not be allowed. The Court then allowed the petitioner to withdraw the plea, stating that the petitioner could file a "fresh petition with better material".