15 July 2022 7:34 AM GMT
The Madras High Court recently expressed alarm at the "day in and day out" illegal transportation and slaughter of cows and other animals in open places in the State.A division bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that such situation can arise only when the administration fails to ensure compliance of the provisions of the statutory laws and does not...
The Madras High Court recently expressed alarm at the "day in and day out" illegal transportation and slaughter of cows and other animals in open places in the State.
A division bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that such situation can arise only when the administration fails to ensure compliance of the provisions of the statutory laws and does not take timely action against the defaulters.
The court was hearing a plea claiming that the provisions with respect to prevention of cruelty to animals namely the Tamil Nadu Animal Preservation Act, 1958, the Prevention of Cruelty to Animals Act, 1960; the Transport of Animals Rules, 1978, the Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001; the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the Prevention of Cruelty in Animals (Regulation of Livestock Markets) Rules, 2017 and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 etc were being violated in the state.
The court observed that despite having sufficient statutes, the police administration has failed to take action against those involved in illegal transport, slaughter and auction of animals.
We find that despite the provisions aforesaid, the State authorities, which may include the Police administration, failed to take immediate action on the illegal transportation of the animals and their slaughtering and even the illegal auction.
The state did not oppose the grant of prayer and instead listed out all the steps taken by the State to ensure strict compliance to the rules. The State also informed the court that all departments were working with the Police and the Transport department to put a check on illegal transport and slaughtering.
The State also informed the court that The Tamil Nadu Animal Welfare Board was formed to promote animal welfare and to ensure strict implementation to the acts. The functions of the Board was also elaborately discussed. It was also submitted that a Society for the Prevention of Cruelty to Animals whose function was to inform the Police Department regarding violation of the provisions of the Act and the Rules while transporting the animals or slaughtering.
The court found merit in the plea by the petitioners and issued the following directions for protection of animals:
1. The State through its departments was to ensure that no slaughtering or transportation takes place in violation of the laws and rules
2. The District Level Committee and the State Board was to ensure strict compliance of the rules and regulations.
3. Any person found to be in violation was to be dealt with for violation of the provisions of the Act of 1960 and the Rules of 1978 and 2001 and immediate action was to be taken with registration of cases against the accused.
4. The Transportation Department was to monitor the transportation of animals. For this purpose CCTV camera footage available at Check Posts, Toll Gates etc were to be made available to the District Level Committee.
5. The State was to ensure that slaughtering was done in accordance to the Rules and at a licensed Slaughter house and not in any open space.
6. Whenever illegal transportation of animals was brought to the notice of the authorities, cases were to be registered against the offenders and at the same time the animals were to be recovered and kept in safe custody.
7. Periodical monitoring was to be conducted and no animal was to be allowed to enter the territory of the State of Tamil Nadu in violation of the Rules.
8. Slaughtering should not be permitted in violation of the provision of Section 4 of the Act of 1958.
9. The state was to ensure that auction of animals was also according to the rules and procedures.
10. The District Level Committee was to be supplied a copy of the order to ensure regular compliance of the procedures.
11. In case of any violation, it would be immediately brought to the notice of the Superintendent of Police concerned to register a case with further action in the matter. The District Collector was also to ensure that no transportation or slaughtering of animals takes place in his district in violation of the directions given by the Court.
Case Title: E.Seshan v. Union of India and others
Case No: W.P.Nos.13748 of 2021 (Batch cases)
Citation: 2022 LiveLaw (Mad) 301
Counsel for the Petitioner: Mr.R.Srinivas
Click here to read/download the judgment