It has also upheld the SOP issued by the House and Political Section. The courtroom stated that people have to obey the Assam Cattle Preservation Act which imposes blanket ban on cow slaughter.
The bench of Justice Manash Ranjan Pathak and Justice Manish Choudhury said immediately after hearing the acquired counsels for the functions and considering whole element of the make any difference as properly as the Clause 2.5 (a) that relates to meat and meat products under the Food Security and Requirements (Meals Items Requirements and Food Additives) Laws, 2011 as amended, noted earlier mentioned, vis-à-vis the provisions of Sections 3, 4, 5 & 6 like the proviso to Section 6 of the Assam Cattle Preservation Act, 2021, it is, on the other hand, suitable to make clear that slaughter of animals on the celebration of Bakrid, save and other than the prohibitions contained in the aforementioned statutes, is permissible, in the way as delivered therein.
Becoming aggrieved with the claimed interaction dated 07.06.2022 of the AWBI as properly as the course issued by the Point out Governing administration in its Political (B) Section vide letter dated 04.07.2022, the petitioner has preferred this PIL hard these two communications stating that all those are in violation of the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Assam Cattle Avoidance Act, 2021.
Placing the provision of Part 9 of stated 1960 Act that relates to “Functions of the Animal Welfare Board of India” and the provision of Section 11 of the reported 1960 Act that relates to “Treating animals cruelly”, H.R.A Choudhury, figured out Senior counsel has submitted that the claimed Board has no this sort of electricity, jurisdiction and authority to concern any these types of communications to the authorities involved in the Condition Authorities about halting of these kinds of sacrifice of animals on the celebration of Bakrid or any other religious festivals of the nation.
It is put ahead of the Court docket that the Point out Governing administration as empowered beneath Listing III Concurrent Record at Serial No. 17 ‘Prevention of cruelty to animals’ of the Constitution of India and in work out of the electricity below Short article 48 of the Constitution of India, has brought into force the Assam Cattle Preservation Act, 2021 w.e.f. 16.09.2021, the day it was posted in the Assam Gazette Remarkable.
Although, the petitioner in the petition has submitted that the State Govt has not formulated any policies below the stated 2021 Act, but in the course of the deliberation of the matter it is mentioned in the bar that the Assam Cattle Preservation Rules, 2022 framed underneath the reported 2021 Act have arrived into pressure w.e.f. 07.06.2022 i.e. from the date of its publication in the Assam Gazette Incredible. In this kind of watch of the subject, prayer No. (iii) that a course really should be issued to the Point out Federal government to body the guidelines under the 2021 Act and to notify the identical seems to be redundant.
The court docket said, “We have viewed as the submissions of the events and also the suitable provisions of the
Avoidance of Cruelty to Animals Act, 1960 the Foodstuff Security and Benchmarks Act, 2006, the Assam Cattle Preservation Act, 2021 as perfectly as the Assam Cattle Preservation Procedures, 2022″.
The court docket additional, “Area 2 of the mentioned 2021 Act especially offers that the explained Act shall utilize to the cattle specified in the Plan of the Act. Segment 3(b) of said 2021 Act defines “Beef” which signifies flesh of the cattle in any form whose slaughter is prohibited underneath the mentioned Act. Even further, Part 3(c) of the explained 2021 Act defines “Cattle” which signifies an animal specified in the Schedule of the Act. Part 3 (j) of the stated 2021 Act defines “Slaughter” which indicates killing by any technique whatsoever and includes maiming and inflicted of physical damage which in the everyday training course shall bring about death.”
1 of the contentions of the petitioner is to the impact that the letter dated 07.06.2022 of the AWBI is issued on the eve of Bakrid building confusion among the individuals of Muslim local community. The court docket mentioned the claimed contention seems to be not right in see of the reality that the AWBI on handful of before instances experienced issued in the same way worded directives to the Main Secretaries and Director Generals of Police of all the States and the Administrators of Animal Husbandry Division of all the States on the eve of Bakrid.
In this link, a reference can be designed to a letter No. 9-2/201617-PCA dated 04.07.2016 of the Secretary of the AWBI. On a joint perusal of the contents of the claimed letter dated 04.07.2016 vis-à-vis of the letter dated 07.06.2022 (Annexure-1 to the writ petition), both equally are located equally worded. By the afore-talked about two communications, the ABWI had directed the authorities involved to take all precautionary actions to cease unlawful killing of animals and to just take stringent actions versus the violators of laws, with intimation on the actions taken to the Board.