The Madurai Bench of Madras High Court today stayed the operation of statutory rules notified by the Central government banning the sale and purchase of cattle for slaughter in animal markets.
A Division Bench comprising Justices M.V.Muralidaran and C.V.Karthikeyan passed the interim order on two public interest litigation (PIL) petitions filed by S.Selvagomathy (45), Managing Trustee of Justice Shivaraj V.Patil Foundation for Social Legal Education and Development, a Madurai-based Non Governmental Organisation (NGO) and B.Asik Ilagi Bhava, a city-based lawyer.
The court ordered notices to the Joint Secretary of Union Ministry of Environment, Forest and Climate Change, Union Home Secretary, Chief and Home Secretaries of Tamil Nadu directing them to file their replies within four weeks.
The petitioners sought an interim stay of the operation of Rule 22 (b) (iii) and Rule 22 (e) of the Prevention of Cruelty to Animals (Regulations of Livestock Markets) Rules 2017 notified by the Central government on May 23 on the ground that the statutory rules were repugnant to the parent Act itself since Section 28 of the Prevention of Cruelty to Animals (PCA) Act of 1960 specifically states that ‘it shall not be an offence to kill any animal in a manner required by the religion of any community.’
The petitioners said the Parliament enacted the Prevention of Cruelty to Animals Act, 1960, repealing the Prevention of Cruelty to Animals Act, 1890 (Central Act II of 1890), accepting the recommendations of the Committee for Prevention of Cruelty to Animals appointed to the Government of India. The Act was primarily intended to provide for a comprehensive law to prevent the infliction of unnecessary pain or suffering from animals.
It is also to be noted that slaughtering of animals for food and offering sacrifice of animals is a part of the cultural identity of most communities in India, which is protected from any legislative or executive encroachment under Article 29 of the Constitution of India. Hence, the impugned provision which prohibits sale and purchase of animals for slaughter for food and religious offerings is violation of Article 29 of the Constitution of India, they said.
Moreover, Section 28 of the PCA Act 1960 specifically permits the killing of any animals for religious sacrifice and Section II (3) provides for killing of animals for food. Therefore, ‘the Centre had no authority to extend its rule making power, under the enactment, to the extent of banning sale of animals in a market for the purpose of slaughter,’ they contended.