The Act's provisions allowing regulated slaughter do not violate Article 48, thus aligning with constitutional mandates for animal preservation.

1. Heard Smt. Jayasree Sarathy, learned counsel for the petitioner and the learned Government Pleader for Animal Husbandry for the respondents.

2. The writ petition was filed as public interest litigation by the petitioner questioning the constitutional validity of S. 6 of Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act , 1977 (Act No. 11 of 1977) (for short the 'Act) so far as it permits the slaughter of animals mentioned in the Act under certificates given by the competent authority appointed under the Act. According to the petitioner, the Act is not giving effect to the policy enshrined in Art. 48 of the Directive Principles in Part IV of the Constitution of India .

3. The aforesaid Act makes a declaration that it was passed for giving effect to Art. 48 of the Directive Principle of State Policy. Art.48 prohibits the slaughter of cows and calves and other milch and draught animals. It enjoins upon the State to organise agriculture and animal husbandry on modern scientific lines and also to take steps for preserving and improving the cattle breeds.

4. According to the petitioner, Art. 48 lays down absolute and unconditional principle without any vagueness or ambiguity that the milch and draught animals of all kinds including cows and calves should be prohibited from slaughter and that only in the State of Andhra Pradesh the provisions of the Act is being abused and cows, calves and buffaloes, bulls and bullocks are being slaughtered indiscriminately without any norms in collusion with the competent authorities under the Act. It was further stated that under the garb of industry, several slaughter houses are being established and are managed by private people and that some of them are being managed by the Government Corporations. In the universal declaration of rights of animals adopted in London in September, 1977, reference has been made to the crimes that are being perpetrated by man on animals and Art. 6 of the said declaration categorically declares that all companion animals have the right to complete their natural span of life and it was also stated that the rights of animals are like human rights and should enjoy protection. The word 'genocide has been used in the London declaration with regard to animals. Art.51(A)(g) of the Constitution stresses that every citizen of India should show compassion to living creatures.

5. The question whether there is a direct and reasonable nexus between the law and the impugned provisions of S. 6 of the Act is always open for judicial review and that since there is no effective enforcement of the Act, the indiscriminate killings of cows and calves and breeding animals and draught animals are taking place. Under S. 5 of the Act cows and calves of cows and calves of she - buffaloes are protected from slaughter and under S. 6 of the Act, animals other than calf, female or male of a she - buffalo can be slaughtered under certificates issued by the competent authority. The object of Art. 48 will not be fulfilled by later part of S.6 of the Act, which permits slaughter of animals under certificates. The object of Art. 48 is to see that no cattle should be slaughtered even after they ceased to be useful or milch or draught purposes since their dung will be natural manure. S.5 of the Act imposes total ban only on the slaughter of cows and calves of she - buffaloes and under S. 6 all the other cattle can be killed under certificates. In the State and in many other States, animals are not being allowed to complete their span of life u