Amidst the dangerous communally
violent scenario unleashed in several parts of India subsequent to the recent
ban imposed by the Centre on the sale of cattle for slaughter; the refusal by
many States to implement the same; and protests arising widely from the meat
trade sectors of all parts of the Country, the supreme Court on Tuesday upheld
the stay imposed by the Madras High Court on the Circular and declared that it
extends to the whole of India.
Coram:
·
Chief Justice JS Khehar
·
Justice D Y Chandrachud
Date: 11th July 2017
Matter: Prevention of Cruelty to Animals (Regulation
of Livestock Market) Rules, 2017 released by the MoEFCC on 23rd May
2017
Brief Facts: The Ministry of
Environment, Forest and Climate Change (MoEFCC) recently issued Prevention
of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017 and Prevention
of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules,
2017 covering bulls, cows, buffaloes, calves, camel, steers, etc. and
banning the sale of cows and buffaloes for slaughter at animal markets across
India. The combined effect of the Rules allowed only farmland owners to trade
in the animal market, and required that anyone purchasing the animals had to
undertake that the animals were bought for agricultural purposes and not
slaughter. The documentation and compliance procedures were made manifold under
the Rules, like furnishing identity proofs, farmland ownership proof,
constitution of a District Animal Market Monitoring Committee, etc. The move
was widely met by protests from the public, including meat traders,
politicians, State Govts, lawyers, and activists terming the move as detrimental
to the livelihood of meat traders and imposing an unfair restriction on the
eating habits of people; but the major criticism was that it was indeed an
attempt to appease the Hindutva cattle-worship sentiments by camouflaging it in
the garb of animal protection.
Decision: The Madras High Court (Madurai Bench) (Indian Kanoon) had on 30th May 2017 granted
a four-week stay on the Rules in a petition filed by Ms. S. Selvagomathy, an
activist-cum-lawyer, on the grounds that the prohibition on sale of cattle for
slaughter in animal markets amounts to interfering with the right to practice
any profession or to carry on any occupation[i].
However, in a similar matter before the Kerala High Court where a group of
petitions challenging certain provisions of the impugned Rules was decided on
the contrary, and the Court refused to stay the Rules.
The
Supreme Court was faced with four petitions challenging the Notification, and
the Centre proceeded to submit no counter against the Madras High Court Order
and instead went on to state that amends will be made to the Rules which will
in turn be re-notified later. The Ministry is now set to seek suggestions and
objections to the Notification before drafting and implementing the required
amends in the same. The Supreme Court disposed of the Petitions extending the
stay imposed by the Madras HC to the whole of India, meaning that the Rules now
cannot be implemented and stand powerless until the emended Notification is
published by the MoEFCC.
Relevant Portions of the Judgment:
“….as and when fresh notification is issued
sufficient time shall be granted by government for implementation of the
notified amendments so that till the rules are implemented there is sufficient
time for parties to assail the same…”
“…Livelihoods of people cannot be subjected
to uncertainties…”
Relevant Statutes:
·
Constitution of India, Art. 19 (1) (g), 25 and
29
·
Prevention of Cruelty to Animals (Regulation of
Livestock Market) Rules, 2017
·
Prevention of Cruelty to Animals (Care and
Maintenance of Case Property Animals) Rules, 2017
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