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2013 Supreme(SC) 794

Supreme Court of India
K.S. RADHAKRISHNAN & PINAKI CHANDRA GHOSE, JJ.
Laxmi Narain Modi
Versus
Union of India & Others
Writ Petition (Civil) No. 309 of 2003
Decided On : 27-08-2013

Advocate Appeared:
Rakesh Khanna, ASG, Raj Panjwani, Sr. Advocate, Sanchar Anand, Manjit Singh, Irshad Ahmed, AAG, Pranab Kumar Mullick, Ms. Soma Mullick, Ms. Purnima Bhat Kak, Vijay Panjwani, Aditya Singh, Ms. Kiran Bhardwaj (for S.N. Terdal), D.S. Chadha, Pradhuman Gohil, Vikash Singh, Ms. Bina Madhavan, Anip Sachthey, Saakar Sardana, M. Yogesh Kanna, A. Santha Kumara, Ms. Sasi Kala, Aniruddha P. Mayee, Charudatta Mahindrakar, Mishra Saurabh, Ms. Asha G. Nair, Chetan Chawla, Suryanarayana Singh (for Ms. Pragati Neekhra), Ms. Aruna Mathur, Yusuf Khan, Ms. Nishi Sharma (for M/s. Arputham Aruna & Co.), Gopal Prasad, Jayesh Gaurav, Ms. Vibha Datta Makhija, M.P. Singh, Sunil Fernandes, Ms. Insha Mir, Ms. Astha Sharma, Mandeep, Vinayak, Ms. Anjali Sharma, Ms. Praveena Gautam, Bhavanishankar V. Gadnis, Ms. Sunita B. Rao, B.D. Sharma, N. Vyas, Ms. Deep Shikha Bharati, Ved P. Arya, S.C. Verma, Krishna Sharma, Riku Sharma, Mohan Prasad Gupta, Ms. Sunita Sharma, M. Khairati, Vikas Malhotra, V.G. Pragasam, S.J. Aristotle, Prabu Ramasubramanian, Samir Ali Khan, Ranjan Mukherjee, S.C. Ghosh, S. Bhowmick, R.P. Yadav, Anil Shrivastav, Rituraj Biswas (for Gopa Singh), K. Enatoli Sema, Amit Kr. Singh, Pragyan Pradip Sharma, Heshu Kayina, Sapam Biswajit Meitei, Kh. Nobin Singh, Mukesh Verma (for Yash Pal Dingra), B.S. Banthia, V.K. Verma, Nikhil Nayyar, R. Ayyam Perumal, Pradeep Misra, P.V. Yogeshwaran, B.S. Banthia, Dharam Bir Raj Vohra, Abhijit Sengupta, Kuldip Singh, V.N. Raghupathy, P.V. Dinesh, Ashok E. Srivastava, C.D. Singh, Anuvrat Sharma, Punit Dutt Tyagi, Tara Chandra Sharma, Ms. Kamini Jaiswal, Sanjay R. Hegde, Mukesh K. Giri , Shibashish Misra, Arun K. Sinha, Ms. Hemantika Wahi, T.V. Ratnam, Ms. Sumita Hazarika, Mohan Prasad Meharia, Aruneshwar Gupta, K.R. Sasiprabhu, Naresh K. Sharma, Ajay Pal, Mrs. Manik Karanjawala, Ms. C.K. Suchirita, Advocates.

Headnote:

Environment Protection Act, 1986, - Rules, 2000, - Transportation of animals – Transport and quantity of rations and food provided - Court had directed all State Governments Union Territories to file their action taken reports within one month - Few States have filed action taken reports detailing functioning of Committees constituted - Court also directed to finalize guidelines for effective and proper functioning of State Committees for overseeing functioning of slaughter houses - Obedience to our direction filed compliance report enclosing broad framework to be followed by State Committees for effective supervision of slaughter houses and also with regard to transportation of animals loading and unloading effluent disposal solid waste disposal and also with regard to periodical inspection of slaughter houses by the respective State Animal Welfare Boards – Held, Municipal Solid Waste Management and Handling Rules wastes from slaughter house meat and fish markets fruits and vegetables markets which are biodegradable in nature shall be managed to makes use of such wastes -Inspection of slaughter house Animals Welfare Board of India or State Animals Welfare Board or any person who is qualified veterinarian is authorized by Animal Welfare Board of India may at least once in every six months period inspect any slaughter house without notice to its owner or person in charge of it at any time during working hours to ensure that provisions of these rules are being complied - Person or Animal Welfare Organization authorized shall after inspection send its report to Animal Welfare Board of India as well to municipal or local authority for appropriate action including initiation of legal proceedings if any in event of violation of any provisions of these rules – Order Accordingly

Judgment :

K.S. Radhakrishnan, J.

1. We have passed a detailed order on 9.7.2013 expressing the apprehension as to whether the Committees constituted, following our earlier order dated 23.8.2012, are effectively functioning and whether proper steps are being taken for proper implementation of the provisions of the various legislations which have been passed, with regard to the transportation of animals, maintaining of slaughter houses effluent and solid waste disposal etc.

2. Vide our order dated 9.7.2013, we had directed all the State Governments/Union Territories to file their action taken reports within one month. Few of the States have filed the action taken reports detailing the functioning of the Committees constituted. We also directed the MoEF to finalize the guidelines for the effective and proper functioning of the State Committees for overseeing the functioning of the slaughter houses. In obedience to our direction, the MoEF, on 27.8.2013, filed a compliance report enclosing the broad framework to be followed by the State Committees for effective supervision of the slaughter houses and also with regard to the transportation of animals, loading and unloading, effluent disposal, solid waste disposal and also with regard to the periodical inspection of slaughter houses by the respective State Animal Welfare Boards.

3. We reiterate the importance of proper implementation of the provisions of the Prevention of Cruelty to Animals (Establishment and Registration of Societies for Prevention of Cruelty to Animals) Rules, 2000, the Environment Protection Act, 1986, the Solid Wastes (Management and Handling) Rules, 2000 and the Prevention of Cruelty of Animals (Slaughter House) Rules, 2000. Over and above, it is also of extreme importance that all the State Government, the State Animal Welfare Boards, Pollution Control Board etc. should scrupulously follow the guidelines issued by the MoEF, in obedience to the direction given by this Court on 10.10.2012. The guidelines are extracted hereinbelow for easy reference:

"GUIDELINES FOR TRANSPORTATION OF ANIMALS AND

SLAUGHTER HOUSES

RESPONSIBILITIES OF ANIMAL HUSBANDRY DEPARTMENT

Any livestock which are procured from the market are to be certified by a Veterinary Surgeon for issuing a fitness certificate in the from specified by the Central Government for the purpose of transportation.

The loading and unloading of the animals in the market place and before transportation shall be supervised by the concerned officials of the Animal Husbandry Department to ensure that the animals are not subjected to unnecessary pain or suffering.

In addition to the above health certificate a certificate has to be issued as per the Rule 96 of the Transport of Animals (Amendment) Rules, 2001 by the Officer of the Animal Husbandry Department not below the rank of Assistant Director/Deputy Director/Chief Veterinary Officer.

The Animals Husbandry authority shall ensure that all animals are provided with shade, shelter food and water as necessary and they are tethered securely in a way which does not cause unnecessary discomfort to animals.

The Animals Husbandry Department shall ensure that the sick, lame injured and pregnant animals are not transported for Slaughter.

They should also ensure that the animals are never lifted or dragged by head, horns, ears, feet, tail or any other part of the Body which might cause unnecessary suffering.

DOCUMENTATION BY DIFFERENT AUTHORITIES


It should be ensured that each consignment shall bear label showing in bold red letters the name, address and telephone number (if any) of the consignor and consignee, the number and types of cattle being transported and quantity of rations and food provided.

The consignor shall be informed about the train or vehicle in which the consignment of cattle in being sent and its arrival time in advance.

The consignment of cattle shall be booked by the next train or vehicle and shall not be detained after the consignment is accepted for booki






























































































































































































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