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2015 Supreme(Raj) 339

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL AMBWANI and BANWARI LAL SHARMA, JJ.
Gau Raksha Dal Seva Samiti Rajasthan – Appellant
V/s
State of Raj. & Ors. – Respondents
D.B. Civil Writ Petition (PIL) No.2009/2014
Decided On : 4.5.2015

Advocates:
Advocate Appeared:
Mr. Kuldeep Mathur, Mr. Lokesh Mathur for the petitioner.
Dr. P.S. Bhati, Addl. Advocate General Mr. Kamal Dave for the respondents.

Headnote:

Rajasthan State Cattle Fairs Act, 1963 - Prevention of Cruelty to Animals Act, 1960 - Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 - Section 7 (5) - RTI Act - Transport of Animals - Temporary Migration - No smuggling of bovine animals - Cruelty to Animals - Petition filed by Rajasthan through its General Secretary various directions have been sought for enforcement of the provisions of Prevention of Cruelty to Animals Act and the Rules framed - An appropriate writ order or direction - Respondents may be directed to ensure that no bovine animal is sold or purchased in any cattle fair which is not regulated and provided under the Rajasthan State Cattle Fair Act 1963 and the Rajasthan State Cattle Fair Rules - By an appropriate writ, order or direction - Respondents may be directed to completely prohibit holding of any local cattle fairs by any local authorities which is not provided and regulated under the Rajasthan State Cattle Fair Act 1963 and the Rajasthan State Cattle Fair Rules - By an appropriate writ - Order or direction the respondents may be directed to take steps to form special task force at border areas of Rajasthan State for ensuring that no smuggling of bovine animals takes place on foot by persons of nomadic tribes - An appropriate writ, order or direction, it may be directed that no person shall be entitled to purchase any bovine animal in the state who does not fulfills the criteria of an agriculturist and for such identification proper guidelines be framed – Held, Competent Authority under the Rajasthan State Cattle Fairs Act, 1963 will carry out the survey to ensure that export of animal bought in the cattle fairs in no way reduces the number of bovine animal below the level of actual requirement of the local area - Advertisement will also carry out the details of the maximum number of animals which can be sold and bought in the cattle fair - Fair will not authorize the contractor to run and supervise the cattle fair - Supervision of the cattle fair will be in the local - Collection of revenue will be settled will have to produce a certificate of the Collector of the district in which he resides that he is not engaged in slaughter of animals in any manner, nor is agent of any slaughter house - Certificate and marking on the animal before removing - Purchaser in addition to the affidavit will in order to show that he is not buying the animal for slaughtering - But for agricultural purposes, enclose revenue records of his agricultural holding in proof of his claim - Transportation of cattle will be permitted only when the sale is coupled with medical certificate and marking on the animal and strictly in accordance with the provisions of the Transport of Animals Rules - Cell will be formed in Animal Husbandry Department of the State to supervise the regulations and for compliance of directions of this Court - It will submit a report in every two months along with the details and statistics of compliance – Ordered Accordingly

ORDER

Sunil Ambwani, J.

1. We have heard learned counsel for the petitioner and learned Additional Advocate General.

2. In this writ petition filed by Gau Raksha Dal Seva Samiti Rajasthan through its General Secretary Shri Pradeep Singh Rathore, various directions have been sought for enforcement of the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Rules framed thereunder, more importantly the Transport of Animals Rules, 1978 (for short, “the Act of 1978”), the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (for short, “the Act of 1995”) and the Rules made thereunder and the Rajasthan State Cattle Fairs Act, 1963 (for short, “the Act of 1963”).

3. The petitioner has prayed for the following reliefs:-

“10. Relief(s) prayed for:

It is, therefore most respectfully prayed that:

(A) By an appropriate writ, order or direction, the respondents may be directed to ensure that no bovine animal is sold or purchased in any cattle fair which is not regulated and provided under the Rajasthan State Cattle Fair Act 1963 and the Rajasthan State Cattle Fair Rules 1963.

(B) By an appropriate writ, order or direction, the respondents may be directed to completely prohibit holding of any local cattle fairs by any local authorities which is not provided and regulated under the Rajasthan State Cattle Fair Act 1963 and the Rajasthan State Cattle Fair Rules 1963.

(C) By an appropriate writ, order or direction the respondents may be directed to take steps to form special task force at border areas of Rajasthan State for ensuring that no smuggling of bovine animals takes place on foot by persons of nomadic tribes.

(D) By an appropriate writ, order or direction, it may be directed that no person shall be entitled to purchase any bovine animal in the state who does not fulfills the criteria of an agriculturist and for such identification proper guidelines be framed.

(E) By an appropriate writ, order or direction the respondents be directed to frame guidelines for establishment of Gram Raksha Dal's and also establish Cattle Pounds (Kanji House) as provided under the Panchayati Raj Rules, 1996 by inviting greater participation of the animal activists.

(F) By an appropriate writ, order or direction the respondents may be directed to take necessary steps for formation and establishment of societies for prevention of cruelty to animals in accordance with the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.

(G) By an appropriate writ, order or direction the respondents may be directed to make necessary amendments in the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulations of Temporary Migration or Export) Act, 1995 and Prevention of Cruelty to Animals Act 1960 for providing a right of hearing to the animal activists in the cases involving violation of their provisions.

(H) Any other relief, which this Hon'ble Court considers appropriate may be passed in the facts and circumstances of the case.”

4. With the help of the records, which have been made available to the petitioner by various Gram Panchayats as well as the information received under the RTI Act, it has been prima facie established before us that the State Government is not ensuring the compliance of the aforesaid Acts and the Rules, for the purposes of protection of animals including bovine cattle and that the serviceable as well as unserviceable cattle including bovine cattle are being taken out of the State, either for the purposes of agricultural or for slaughtering, without any effective regulation.

5. The first direction sought by the petitioner is for the enforcement of the provisions of the Act of 1995, which essentially provides for prohibition of slaughter of bovine animals and for that purpose, it also provides for prohibition of possession, sale or transport of beef or beef products in any form; prohibition of export of


































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