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Respectfully showth:
1. Complainant is a non-official Member of the State Committee for Slaughter Houses
(Govt. of Haryana) and this Committee fully Authorized, to get information from
the District Committee for Slaughter House, headed by the Deputy Commissioner,
conduct Inspection and to crack down the unlawful slaughter houses, with the help
of local Enforcement Agencies, where 10 or more animals and birds are being
slaughtered.
O R D E R dated 23-8-2012 in CWP No. 309 of 2003, passed by the Honble
Supreme Court of India:
These writ petitions have been preferred in public interest seeking various
directions to the State Governments as well as to the Union of India, Ministry of
Environment and Forest, Animal Welfare Board of India and other statutory
authorities to effectively implement the provisions of the Prevention of Cruelty to
Animals (Establishment and Registration of Societies for Prevention of Cruelty to
Animals) Rules, 2000 and also the provisions of Environment Protection Act, 1986,
Schedule I, Entry 50 and also Solid Wastes (Management and Handling) Rules,
2000 etc. Further, direction is also sought to ensure that the animals meant for
slaughter are not transported in violation of Transport of Animals Rule, 1978 and
the Prevention of Cruelty to Animals (Transport on Foot) Rules, 2000. Further,
prayers have also been made to ensure that the recognized slaughter houses are in
conformity with the provisions of the Prevention of Cruelty to Animals (Slaughter
House) Rules, 2000 and also for other consequential reliefs. A detailed affidavit has
been filed by the Central Pollution Control Board (for short CPCB) as early as in
October, 2003 wherein they have categorically stated as follows:
The CPCB is of the view that the slaughter houses generate substantial quantities of
effluents and solid wastes. These slaughter houses causes nuisance by way of foul
smell due to improper handling. It is, therefore, necessary that these units should
install pollution control devices so that they can comply with the prescribed
standards. Further, it was stated that the existing slaughter houses need to
modernize their operations with greater emphasis of utilization of waste to reduce
environmental problems and to maintain hygienic conditions. It is also pointed out
that most of the slaughter houses in the country are very old and operate without
basic amenities such as proper flooring, water supply, ventilation etc., and there is
no need to upgrade old slaughter houses on modern lines. Therefore, the CPBC
submitted that all the slaughter houses in the country should comply with the
prescribed standards. The local municipal agencies and concerned police should
ensure that no illegal slaughtering takes place and also the units conform to the
standards set by the State Pollution Control Boards and
Pollution Control Committees. This Court has passed various orders alerting the
State Governments to properly implement the various provisions referred to
hereinbefore but still no effective steps have been taken by various States either to
constitute Committees or to see that the slaughter houses are functioning in
accordance with the rules framed. The matters have again come up for hearing
today. Learned senior counsel appearing for the Ministry of Environment and
Forest (MoEF) brought to our knowledge a decision taken by the MoEF under the
Chairmanship of Secretary, Ministry of Environment and Forest on 26.04.2012. In
the meeting, the CPCB has presented its status of 15 States whereas the Ministry of
Labour gave a status of 20 States and the action plan was also discussed. After
examining the matter in depth by the Committee, they found the necessity of
constituting State Committee for slaughter houses to fulfill the mandatory
requirements under the various legislations dealing with the functioning of the
slaughter houses in the country. The decision of dated 26.04.2012 is extracted
hereunder for easy reference:"1. CPCB will write to all States informing about its guidelines for slaughter houses.
[Action: CPCB)
2. CPCB will also initiate action against all slaughter houses which are not meeting
the norms and implement the abattoir rules through SPCB. It was discussed that
SPCB even has powers to close slaughter houses under these rules.
[Action: CPCB)
3. States to be requested to constitute State Committee for Slaughter Houses as
follows:
i) Secretary of the Department of Urban Development of the State-Chairman.
ii) Rep. Department of Health.
iii) Rep. Department of Animal Husbandry.
iv) Rep. Department of Labour.
v) Food Safety Commissioner representing Central Food Safety and Standard
Authority of India.
vi) Rep. State Pollution Control Board.
vii) Rep. State Animal Welfare Board.
viii) Rep. of State Police.
ix) 2 prominent persons nominated by state government.
x) Such other officers and experts as the members may choose to co-opt.
4. Functions of the State Committee for Slaughter Houses so constituted may be as
following:
i) to identify and prepare a list of all the Slaughter Houses (S.H.s) located within the
local self Govt. (Municipal Corporations, Panchayats etc.)
ii) to call for reports from the District Magistrate or the Dy. Commissioner and
District Food Safety Inspector as the case may be on the condition/functioning of the
S.H.s and also on the compliance of the relevant applicable laws.
2. Central Government Act: Section 133 in The Code Of Criminal Procedure, 1973;
133. Conditional order for removal of nuisance (1) Whenever a District Magistrate or a Sub- divisional Magistrate or any other
Executive Magistrate specially empowered in this of behalf by the State
Government, on receiving the report of a police officer or other information and on
taking such evidence (if any) as he thinks fit, considers(a) that any unlawful obstruction or nuisance should be removed from any public
place or from any way, river or channel which is or may be lawfully used by the
public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or
merchandise, is injurious to the health or physical comfort of the community, and
that in consequence such trade or occupation should be prohibited or regulated or
such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is
likely to occasion configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is
likely to fall and thereby cause injury to persons living or carrying on business in
the neighborhood or passing by, and that in consequence the removal, repair or
support of such building, tent or structure, or the removal or support of such tree, is
necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place should
be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed
of, such Magistrate may make a conditional order requiring the person causing such
obstruction or nuisance, or carrying on such trade or occupation, or keeping any
such goods or merchandise, or owning, possessing or controlling such building, tent,
structure, substance, tank, well or excavation, or owning or possessing such animal
or tree, within a time to be fixed in the order(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be
directed, such trade or occupation, or to remove such goods or merchandise, or to
regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of
such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or
support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided
in the said order; or, if he objects so to do, to appear before himself or some other
Executive Magistrate subordinate to him at a time and place to be fixed by the
Order, and show cause, in the manner hereinafter provided, why the order should
not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question
in any Civil Court. Explanation- a public place includes also property belonging
to the State, camping grounds and grounds left unoccupied for sanitary or
recreative purposes.
3. In your jurisdiction, neither have legal slaughter house, functional Infirmaries and
effective Society for Prevention of Cruelty to Animals SPCA.
4. The Prevention of Cruelty to Animals Act, 1960 read with the rules made out as per
section 38 of the said legislation, being ignored by the respondents;
A. Establishment of SPCA Rules, 2001.
B. Slaughter House Rules, 2001.
C. Cattle Transport Rules, 1978 amended in 2001.
D. The Animal Birth Control (Dogs) Rules, 2001.
E. The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978.
F. The Prevention of Cruelty to Drought and Pack Animals Rules, 1965 amended 1968.
G. The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.
H. The Performing Animals (Registration) Rules, 2001.
5. Delhi Motor Vehicle Rules. It would also be pertinent to mention here that the Govt. of
India, Ministry of Road Transport and Highways amended its Motor Vehicle Act and
animals and birds can be shifted as per their shape and size, in ISI specified vehicles.
6. FSSAI and APEDA also issued guidelines about functioning of slaughter houses and
shifting of animals and birds.
7. IPC 268, 289, 324.
8. Delhi Municipal Corporation Act, 1957.
9. Provisions of Environment Protection Act, 1986.
10. Solid Wastes (Management and Handling) Rules, 2000.
11. Wildlife Protection Act, 1972.
12. Strict compliance of orders passed by the court of law.
13. Agreement and allotment of all unlawful and illegal slaughter houses cum meat
shops needs to be cancelled at once, Government property and shop premises be get
vacated, in case of Government bodies.
14. All encroachments with unlawful slaughter houses / meat shops needs to be crack
down without any further delay, appointing Duty Magistrates.
15. Intensive National Cleanliness Campaign be given top priority with International
Day for Non-Violence, mobilizing NGO, NSS, Eco / Rotary clubs and Nehru Yuva
Kendras etc, including Panchyati Raj with Local Bodies Institutions.
16. Poultry birds does not have any rules and regulations for their slaughtering, as it
cannot covered under the definition of cattle, whereas animals and birds cant
treated as goods being living creatures, who have feelings and they can travel as per
their shape and size instead by weight, bye laws be prepared for poultry birds,
whereas in Delhi, poultry birds are treated as agriculture product, which is totally
wrong and objectionable, living creature, cant be treated as agriculture product.
17. Training workshops on animal rights and their welfare be arranged regularly, as
per decision of the State Committee for Slaughter houses, for Civil / Police and
Judicial Officers.
18. Article 51 A (g) of Indian Constitution also needs immediate attention; to protect
and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures.
19. Animal birth Control for stray dogs also be implemented along with the rescue of
stray cattles from the road and streets, as public nuisance and similar action
required for monkeys as well for further rehabilitation in their natural habitat,
after identification of family adopting scientific methods of capturing.
20. All unlawful dairies also need attention and dislocation from present place to
outside the locality, as per rules and regulations framed by the Government.
21. Ban the presence of Elephant being wild animal, under your jurisdiction.
22. Performances of monkeys are prohibited by the Government, abused dancing
monkey needs immediate rescue for further rehabilitation.
23. Camels are being badly abused by the Circuses, hence permission for performance
with camels may not be granted; introduce camel transportation rules and
regulations.
24. Kite flying is an offense because, as per section 94 of the Delhi Police Act, 1978,
which states that no person shall fly a kite or any other thing so as to cause danger,
injury or alarm to person, animals or property, whereas Chinese manza is also
dangerous and threat to public life, even not safe for kite players, being good
conductor of electricity, hence its import be banned.
25. Progress and achievements needs to be reviewed at the level of monthly meetings of
the District Administration all around in Delhi, sub division level as well.
26. Proper coordination amongst all field functionaries also needs to be improved and
need to regulate pet shops and dogs with aquarium fish breeding, whereas Law
Commission of India endorsed vide their report No. 261.
27. Control misuse of oxytocin injections for lactation, unlawful production / trading /
possession along with similar action on polythene as well.
28. Man animal conflict increases day by day, stray cattle, dogs and monkeys creating
public nuisance all around, whereas National Rabies scheme introduced, proper
functioning of SPCA at each District head quarter, likewise MoU was signed
between CZA, WII with University of California, Davis for research on various
aspect related to rhesus macaque.
29. Recharging of ground water also needs immediate attention, whereas concerned
officials are not taking seriously, whereas we are in favour of Right to Water.
30. Thorn bits use is prohibited but its manufacturing, trading and possession also be
prohibited.
31. The cow is a symbol of the Earth, the nourisher, the ever-giving, undemanding
provider. The cow represents life and the sustenance of life. Just as a liberated soul
gives freely of his spiritual knowledge, so too does this gentle and generous animal
who takes nothing more than water, grass and grain, and gives unstintingly all
through her life. The cow is vital to life and sustenance. She is a symbol of grace and
abundance, and embodies the virtues of gentle selflessness. The cow is a uniquely
Indian symbol, revered and protected down the ages by Hindu and Mughal rulers
alike. She became a point of honour during Indias freedom struggle and her
protection was unanimously included in the Indian Constitution by our Founding
Fathers, the Haryana 'Gauvansh Sanrakshan and Gausamvardhan' Bill, passed by
the Haryana Legislative Assembly but not yet implemented like Camel protection
bill of Rajasthan, like wise Cow progeny may kindly be declare as state animal of
Delhi.
32. Replace toothless Prevention of Cruelty to Animals Act, 1960 with the draft of
Animal Welfare Act, under consideration with the Govt. of India, being animal as
state subject.
33. Environment Ministry bans multidose vial of Diclofenac to save vultures:
Keeping in view the severity of the situation and the need to conserve and protect
vultures from extinction, the Ministry of Environment, Forest and Climate Change
has requested the Ministry of Health and Family Welfare to restrict the pack of
Diclofenac for human use in single dose only. Earlier, the Ministry of Environment,
Forest and Climate Change, in consultation with the Ministry of Health and Family
Welfare, published a Gazette notification no G.S.R 558 (E) dated 17th July, 2015,
regarding the restriction on packaging of multi-dose vial of Diclofenac to single dose
for human use. Even after banning the use of Diclofenac for veterinary use, the
multi-dose vials available in the market for human use were widely misused for
veterinary purpose. This, in turn, has a severe impact on the population of vultures.
The commonly-used anti-inflammatory drug for cattle is considered the chief cause
for the steep decline in the number of vultures in recent years. The drug is harmless
to the cattle it is administered to, but is fatal for the vultures, who routinely feed on
the carcass of dead cattle. Studies have shown that the drug causes kidney and liver
failure in vultures.
Earlier, in 2006, the Government of India had imposed a ban on the use of
Diclofenac for treating cattle.
34. In a bid to control illegal slaughter of animals on Eid ul-Zuha or Bakrid, the
environment ministry has asked all state governments to ensure that no illegal
killing of animals, including cows, takes place, and that animals are not subjected to
cruelty during transportation. It is a fact that large numbers of animals are
slaughtered during Bakrid festival. Kindly note that as per Rule 3 of the Prevention
of Cruelty to Animals Rules, 2001, no person shall slaughter any animal within a
municipal area except in a slaughter house recognized or licensed by the authority
concerned, read a letter sent by the Animal Welfare Board of India (AWBI) to all
states ahead of Bakrid, which was celebrated on 25 September. The letter dated 17
August has been sent to chief secretaries, directors general of police and the animal
husbandry departments of states. no animal which is pregnant, has an offspring
less than three months old or is under three months of age and has not been certified
by a veterinary doctor to be in a fit condition to be slaughtered shall be
slaughtered, the letter said. Bakrid is one of the major festivals of Muslims, during
which animals are sacrificed. AWBI, which is under the environment ministrys
control, also asked states to ensure that animals are not subjected to any cruelty
during transportation. It is reported that during the transportation of animals, the
owners of the animals do not follow the animal welfare laws and Transport of
Animal Rules, which prescribe the number of animals which can be transported in a
vehicle, resulting in cruelty to animals. It is noticed that the animals suffer and are
subjected to various cruelties and some of the animals even die during
transportation, the letter said. The AWBI directive clarified that camels cannot
be slaughtered. Camels cannot be slaughtered for food at all. Also wherever the
cow slaughter prohibition act is in force, slaughtering of cows should not be allowed
at all, the letter said. The animal welfare board, a statutory advisory body on
animal welfare laws, urged states to strictly enforce animal welfare legislation.
Quoting several Supreme Court judgments relating to animal welfare, AWBI asked
states to direct all the authorities concerned to take all precautionary measures to
strictly implement the animal welfare laws to stop illegal killing of animals and to
take stringent action against the offenders It asked states to inform it of action
taken on the directive, hence it is prayed that what action you have taken, to comply
with the said instructions.
35. IPC 268: Public nuisance.A person is guilty of a public nuisance who does any act
or is guilty of an illegal omission which causes any common injury, danger or
annoyance to the public or to the people in general who dwell or occupy property in
the vicinity, or which must necessarily cause injury, obstruction, danger or
annoyance to persons who may have occasion to use any public right. A common
nuisance is not excused on the ground that it causes some convenience or advantage.
36. Resolution adopted by the General Assembly on 15 June 2007 of the United Nation
[without reference to a Main Committee (A/61/L.62 and Add.1)]
61/271. International Day of Non-Violence
The General Assembly,
Reaffirming the Charter of the United Nations, including
the principles and purposes contained therein,
Recalling its resolutions 53/243 A and B of 13 September
1999, containing the Declaration on a Culture of Peace and
the Programme of Action on a Culture of Peace, 55/282 of
7 September 2001 on the International Day of Peace and 61/45
of 4 December 2006 on the International Decade for a Culture
of Peace and Non-Violence for the Children of the World,
20012010, as well as other relevant resolutions,
Bearing in mind that non-violence, tolerance, full respect
for all human rights and fundamental freedoms for all,
democracy, development, mutual understanding and respect
for diversity are interlinked and mutually reinforcing,
Reaffirming the universal relevance of the principle of
non-violence, and desiring to secure a culture of peace,
tolerance, understanding and non-violence,
1. Decides, with effect from the sixty-second session of
the General Assembly and guided by the Charter of the
United Nations, to observe the International Day of NonViolence on 2 October each year, with the International Day
being brought to the attention of all people for its celebration
and observance on this date;
2. Invites all Member States, organizations of the United
Nations system, regional and non-governmental organizations
and individuals to commemorate the International Day of
Non-Violence in an appropriate manner and to disseminate
the message of non-violence, including through education and
public awareness;
3. Requests the Secretary-General to recommend ways
and means by which the United Nations system and the
United Nations Secretariat could, within existing resources,
assist Member States, upon request, in organizing activities to
commemorate the International Day of Non-Violence;
4. Also requests the Secretary-General to take necessary
measures, within existing resources, for the observance by the
United Nations of the International Day of Non-Violence;
5. Further requests the Secretary-General to keep the
General Assembly informed at its sixty-third session of the