11-Jul-2017: SC stays cattle sale rules across nation
The Supreme Court has stayed centre’s May 26th notification banning the sale of cattle in livestock markets for slaughter and religious sacrifices. The order came after the centre accepted that public outcry and objections from the states about the law’s impact on livelihoods made it realise that the rules need tweaking. The court was taking up a bunch of petitions challenging the amendments to the rules framed under the Prevention of Cruelty to Animals Act.
The centre, on May 26th, notified the Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017. The notification banned the sale of cattle in livestock market for slaughter and religious sacrifices. This had dismayed cattle traders, butchers and beef eaters. Farmers were also hit as they were also barred from selling non-milch and ageing cattle thus being deprived of their traditional incomes. Various states too opposed the notification saying that it would impact the livelihoods of many. The validity of the rules was challenged in various high courts and the SC. The Madurai bench of Madras HC had stayed the rules.
27-May-2017: New curbs on cattle slaughter
Environment ministry has banned cattle slaughter and introduced restrictions on the sale of cattle to prevent their killing. A gazette notification, titled Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 by the Ministry of Environment, Forests and Climate Change states that no one can bring cattle to an animal market unless he or she has furnished a written declaration that the cattle will not be sold for the purpose of slaughter. Further, upon sale of cattle, the animal market committee will take an “undertaking” that the animals are for agricultural purposes and not for slaughter.
The Rule applies to the whole of India, except the State of Jammu and Kashmir. Cattle cannot be brought to an animal market for sale for slaughter. Animal Market consists of: Marketplaces where animals are brought from other places for sale or auction. It includes animal fairs, or areas adjoining a market or a slaughterhouse. Cattle as defined: A bovine animal including bulls, bullocks, cows, buffalos, steers, heifers and calves and includes camels. All existing animal markets will have to be registered within three months with the District Animal Market Monitoring Committee by making an application to the Committee. Cruel and harmful practices have been prohibited for animals including, painting of horns, ear cutting buffaloes, making animals lay on hard ground without proper bedding. Purchaser of cattle cannot sell animal for slaughter or sacrifice the animal for religious purposes. The rule mandates the appointment of Veterinary inspectors who shall screen the animals before they enter the market. The inspector shall also check whether animals are being transported in trucks which are authorised by law to carry animals. The new rules apply only to animal markets and not to individual cattle buying and selling by people.
Experts predict that the worst hit from the rules will be Muslim meat and leather traders who are increasingly facing violence from aggressive cow vigilante groups. Farmers will also be affected as they will be deprived of the compensation they get from selling aged or non-milch cattle. Farmers may now have to spend on feeding their aged cattle or the animals will have to be abandoned.
For years, the Supreme Court has struggled for consistency in its judicial pronouncements regarding cattle, leaving it ultimately to the Centre and States to devise an appropriate policy. While Supreme Court banned the bull-running sport Jallikattu as cruel, it refused to intervene with States to frame a uniform policy on cattle slaughter. Neither did the court deem it fit to examine a plea to ban animal sacrifices for religious purposes.