Madras High Court stays Centre's ban on sale of cattle for slaughter, seeks reply from govt

Repre

New Delhi: The Madras High Court on Tuesday temporarily put on hold the central government notification that outlawed sale of cattle for slaughter at animal markets triggering a political storm while directing the state and the Government of India to reply in four weeks. 

The court observed that it was an individual's right to choose his food, while hearing a public interest litigation against the Centre's recent notification imposing license raj to curb cattle slaughter.

A petition was filed at the Madurai bench stating that it's basic right of an individual to choose his food.

In the PIL, Madurai-based activist and lawyer S Selvagomathy challenged the constitutional validity of Rules 22(b)(iii) and 22(e) of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules 2017 notified by the Centre, The Hindu reported.

The petitioner further argued that according to the PCA Act, the Centre had no authority ban the sale of animals in a market for slaughter. She further argued that the new notifications offended the Right to Freedom of Religion and the Protection of Interests of Minorities guaranteed in the constitution.

The notification brought in by the central government – that banned the sale of cows, bulls, bullocks, buffaloes, steers, heifers, calves, and camels for slaughter – has been fiercely opposed by several states such as Kerala and West Bengal that call the order an attack on India’s federal structure.

Kerala Chief Minister Pinarayi Vijayan expressed strong disapproval of the Centre's move and sent a letter to Prime Minister Narendra Modi, by attacking the BJP-led government at the Cntre and the RSS, saying "there was no need for the people of his state to draw lessons from New Delhi or Nagpur on their food habits." 

West Bengal Chief Minister Mamata Banerjee also spoken against the law, describing the Centre's notification on cattle slaughter as a "deliberate attempt to encroach upon the state's powers" and said her government will not accept it. 

Last week, the Environment Ministry notified the stringent Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 under the Prevention of Cruelty to Animals Act, banning the sale and purchase of cattle from animal markets for slaughter.

The decision is expected to hit export and trade of meat and leather.

The rules define cattle as a bovine animal including bulls, bullocks, cows, buffaloes, steers, heifers and calves and camels.

The new rules also prohibit establishment of an animal market in a place which is situated within 25 km from any state border and within 50 km from any international border.