TIA NEW
The Supreme Court today issued notice to Centre on pleas challenging notification banning sale and purchase of cattle at animal markets for slaughter.
The court asked the Centre to file its response within two weeks and posted the matter for hearing on 11th of next month.
The apex court had on the 7th of this month, listed the matter for today after a petition was filed by a Hyderabad-based lawyer who termed the Centre’s order as discriminatory and unconstitutional.
The petition said, the notification prevented cattle traders from earning their livelihood.
It said, slaughtering of animals for food and sacrifice was part of the cultural identity of certain communities and was protected by law.
Petitioner Mohammed Abdul Faheem Qureshi moved SC on June 7 has also challenged the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 which provides for the seizures, recovery of the cost of transportation, maintenance and treatment of seized animals.
Faheem Qureshi, himself a lawyer, has contended that the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 and the Prevention of Cruelty to Animals (Animals (Care and Maintenance of Case Property Animals) Rules, 2017, which bans sale of cattle for slaughter and other Rules restricts cattle trade respectively are arbitrary, illegal, and unconstitutional.
He has contended that the rules violated his constitutional rights to practise any profession or to carry on any occupation, protection of life and personal liberty, freedom of conscience and free profession, practice and propagation of religion and protection of interests of minorities.
The petitioner has challenged different stipulations of two notifications that came on May 23.
He has contended that the rule that the purchaser “shall not sacrifice the animal for any religious purpose” was contrary to the Prevention of Cruelty to Animals Act, 1960, whose Section 28 says it is not an offence to “kill any animal in a manner required by the religion of any community”.
Faheem Qureshi who also heads the All India Jamiatul Quresh Action Committee, has also questioned the stipulation that prohibits bringing young cattle to animal market, unless the purchaser furnishes an undertaking saying he is an agriculturist, that the animal would be used for agricultural purposes, and not resold for six months.
He has also pointed out that the provision under the impugned notification depriving the first time offender a first-time offender of the animal’s ownership violates the 1960 law’s Section 29 which says that no person would be deprived of his animals unless he has been previously convicted under the Act or it is shown that his character, or record of treatment of animals makes him unfit.
Last month, the government had banned the sale of cattle for slaughter and restricted cattle trade to farm owners.