Nothing unconstitutional in cow slaughter ban: Kerala HC
The Kerala High Court on Wednesday said there is no need to interfere with the Centre's ban on sale of cattle for slaughter as it doesn't violate the Constitution. The HC made the statement while hearing a public interest litigation (PIL) which sought to quash the notification on ban of sale of cattle for slaughter.
A day after the Madras High Court ordered a month-long stay on the Centre's ban on cattle sale for slaughter, the Kerala High Court today said there is no need for it to interfere with the new rules as it doesn't violate the Constitution.Kerala High Court Chief Justice Navniti Prasad said this while hearing a public interest litigation (PIL) which sought quashing of notification on ban on cattle sale for slaughter.The court said there is no constitutional violation in the order issued by the Ministry of Environment, Forests and Climate Change which has created an uproar in some states including Kerala.The Kerala High Court observed that there was nothing in the new central law on cattle trade and slaughter that takes away the rights of people with regard to eating beef."If anyone reads it properly, the present law prevailing in the country along with the new order that came out none will not have come to this sort of conclusion. There is no ban on slaughter or sale of beef. What has been said in the new order is that mass sale of cattle for slaughter through the cattle market is banned," observed the Chief Justice.DIFFERENCE WITH MADRAS HIGH COURTWhen Advocate General CP Sudhakara Prasad pointed out the ruling of the Madurai bench of the Madras High Court had stayed the new order, the Chief Justice expressed surprise.Youth Congress activist Sunil, who filed the PIL, withdrew it after the hearing.The Madurai bench of Madras High Court had yesterday ordered a month's stay on the central government's notification on animal slaughter.Hearing a PIL, the court directed the state and central government to reply in four weeks.THE CONTROVERSYVarious bodies and political parties have reacted sharply to the government's decision, saying it is an "ill-advised" move which will widen the "terrorism" by cow vigilantes. It has also been criticised that the order imposes an indirect ban on beef.The notification had created an uproar in many states including protests by Kerala Chief Minister Pinarayi Vijayan and West Bengal Chief Minister Mamata Banerjee.In Indian Institute of Technology (IIT) Madras, a group of students conducted a beef festival, showing their agitation against the Centre's order.Against this backdrop, union minister Venkaiah Naidu has said the Centre is examining the issues. It was also reported earlier that the government may exempt buffalo from the list.THE NEW RULESThe Union Ministry of Environment, Forests and Climate Change (MoEFCC) had last week notified new rules under the Prevention of Cruelty to Animals Act, which bans sale of cattle for slaughter in open markets across the country.A gazette notification, titled Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 by the ministry had stated 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.Also read: