Observing that there was absolutely no ban on slaughtering of cattle under the Prevention of Cruelty to Animals (Regulations of Livestock Markets) Rules, 2017 notified by the Centre, a Division Bench of the Kerala High Court on Wednesday dismissed as withdrawn a public interest writ petition challenging the validity of the rules.
When the petition came up for hearing, the Bench headed by Chief Justice Navniti Prasad Singh orally observed that the rules did not ban slaughtering of cattle. It only prohibited the sale of cattle at animal markets. The rules “don’t go beyond that.” There was no restriction on selling cattle from home or other places. The Bench added that one could sell and slaughter cattle and eat their meat.
When counsel for the petitioner pointed out that Article 21 (right to life) of the Constitution was affected by the rules, the court asked him “who is stopping you from selling beef.” There was ‘nothing’ in the notification which banned the sale of beef.
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The court orally observed that the people were becoming tense because they had not chosen to read the rules. The court said that the petitioner did not seem to want the people to read the rules. “If you are a public spirited persons, take the rules to the people,” the court said.
When the petitioner T.G. Sunil, State general secretary of the Youth Congress, submitted that order was an infringement on the right to food, the Bench asked how the right to eat was affected by restricting the sale of cattle. The Bench also reminded the petitioner that a total ban on cow slaughter had been upheld by the Supreme Court.
The court also expressed its surprise over the Madras High Court verdict staying the rules. Faced with the oral observation of the Bench, counsel for the petitioner withdrew the petition with the permission of the court.
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The petitioner contended that as the preservation, protection of animals, prevention of animal diseases, and veterinary training and practice came under the State list, only the State had the power to make any regulations on cattle. The Centre had encroached on the power of the State government. The new rules issued under the Act, therefore, had no nexus whatsoever with the objects sought to be achieved by the PCA Act, the petitioner contended.