Gujarat Defends Somnath Non-Veg Ban in High Court

The Gujarat Government has defended its ban on non-vegetarian food near the Somnath Temple by telling the High Court that business rights cannot ignore the cultural and spiritual character of a holy site. Six restaurant owners filed a petition challenging the state notification issued two months ago, which prohibits the sale and storage of non-vegetarian food within a 500-metre radius of the temple.

The Arguments

Appearing for the government, pleader G.H. Virk told Justice Nisha M. Thakor that the town cannot be treated as a normal commercial place while ignoring its deep significance for millions of Hindus. The state noted that over 1.16 crore devotees visited the temple in the past nine months. It also stated that other holy towns like Haridwar, Rishikesh, Amritsar, and Mathura-Vrindavan have similar restrictions. The government maintained that restaurant owners can still serve vegetarian food at their current locations or sell non-vegetarian food outside the restricted zones. Meanwhile, the restaurant owners argued that they have valid licences, have operated lawfully for decades, and that their shops are outside the temple periphery. They stated that the district magistrate crossed his powers with a permanent ban and claimed the order violates their right to trade under Article 19(1)(g) of the Constitution.

Context

Local authorities in various parts of India often use municipal or district powers to restrict certain types of food sales around major religious shrines to maintain local customs and sentiments. These legal disputes typically involve a balance between the fundamental right to carry on any trade and the state's power to regulate public order, health, and morality.