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To accept narrow meaning is to do violence with the concept of compassion, as well as with the duty to observe it. In fact, the provisions of law of Prevention of Cruelty to Animals Act, to undertake slaughtering without unnecessary pain or suffering is only with a view to extend the reach of compassion to the last act of killing. whenever necessary. Dictionary meaning dictates fellow, feeling. sorrow etc.
96. As discussed earlier, the grounds of permitting animal slaughtering for the vague reasons of overgazing and land pressures and its numbers, are now to be taken care of by the State by weaving into the planning process the need for providing grazing grounds and green pastures, right from the villago, Block and City level, to permit co-existence in harmony.
97. Once this axiom of constitutional compassion to living creatures is understood, certain corollaries inevitably, follow. First, at any point of time, the observance of this duty by the citizens, will turn on the will of the State to frame laws for its Implomontation, or to tho oxtont otherwiso permitted by law, or at its worst at tho option of tho Stato. Second, al no point of time, its binding on tho Stato itself can be wished away. When State Constitution prescribes certain duties for its citizens, State/Government. itself becomes bound by it in its day to day State functions, having sworn by the provisions of the Constitution, to uphold it and Courts can enforce #, as unlike Directive Principle, made unenforceable by Article 37, these duties remain enforceable, being nol a part IV of the Constitution of India.
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98. If this enforceable obligation of State is understood, certain results follow. First, Indian State cannot export live animals for killing: and Secong, cannot become a party to the killing of animals by sanctioning exports in the casings and cans stuffed with dead animals after slaughter. Avoidance of this is preserving our Indian Cultural Heritage, of which we claim proud by claiming India as land of Gandhi, Buddha and Mahavir. India can only export a message of compassion towards all living creatures of the world, as a bacon to preserve ecology, which is the true and common Dharma for all civilizations. This is in keeping with the culture of living in harmony with nature by showing respect to all life; and that is VASUDEV KUTUMBHAKAM referred by our Minister of Environment, Mr. Kamal Nath, at the Environment Conference at Rio, in June 1992.
99. It may be noted that no amount of Foreign Exchange can redeem back the cultural mortagage by India by allowing export of meat by killing the animals here or sending animals for killings abroad. State cannot trade in the life of its animals. Since all animals are helpless, as a child is, therefore, itself, the helpless animals are in the care of State, if not safe in the hands of its citizens. Tourists from other countries visit India, for the uniqueness of its rich culture. They do not come here for sake of tourists facilities, which are in abundance in their own land. The administrative policy of the Government, therefore, of sanctioning. setting up and releasing crores of rupees for investment except for modernisation in these ventures is questionable.
100. The place of value of compassion for living creatures in the Constitution, brings animal life under the protective heritage of Indian State, and India should strive to get the animals declared at United Nations as under the Protective Common Heritage of Mankind.
101. However, it is to be noted that this principle of Compassion cannot be absolute Animals are to be protected, unless they qualify out of the compassional protection for various reasons. A question was raised earlier, as to whether, conditions and circumstances, in which animal life is to be sacrificed can be absolutely different from the principles followed by man. State is certainly within its right to make law to say that when an animal turns dangerous, damages and threatens life and property. becomes health risk, spreads disease and epidemics. turns ferocious and wild or otherwise destructive of life and property of man and his environment. Siate has right to destroy it.
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