SC Refuses To Entertain PIL Seeking Ban On Slaughter Of Animals For Export
The Supreme Court bench headed by Chief Justice Ranjan Gogoi on Monday refused to interfere on a plea to ban slaughter of animals for export.
The petition, by the organisation 'Healthy Wealthy Ethical World Guide India Trust', questioned the government of India's policy on the export of *meat, leather and related products in the light of the Doctrine of Necessity.
The Counsel for the petitioner-organisation placed reliance on Animal Welfare Board of India v. A. Nagaraja (2014), where in context of the 'Jallikattu' and bullock-cart races in Tamil Nadu and Maharashtra, the apex court had observed that Every species has a right to life which the law may permit to be deprived only on grounds of human necessity.
The Advocate also referred to the 2005 judgment in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, where a Constitution bench, by virtue of Article 31C, upheld the complete ban on the slaughter of cattle in Gujarat.
The bench prioritized the Directive Principles of State Policies in Articles 48 and 48A and the duty embodied in Article 51A(g), denying any violation of the freedom of trade in Article 19(1)(g) on account of the dislocation of or some inconvenience to the butchers.
He argued that Rule 3(3) of the Prevention of Cruelty to Animals (Slaughterhouse) Rules, 2001, in as much as it requires a local authority to assess the capacity of the slaughter house and the requirement of the local population of the area in which it is situated to determine the maximum number of animals that may be slaughtered in a day, seeks to capture the doctrine of necessity, which flows from Article 51A, in providing against slaughter of animals for export.
However, the bench declined to entertain the petition, granting the lawyer liberty to withdraw.