________________
additional sizeable income lo dairy farmers. At six months of age, the male calves can altain bodyweight of some 100 kg. or even more, the scope for this resources can well be appreciated by the last that adult female buffaloes number about 28 million, as against less than 8 million male buffaloes. With drassing percentage conservatively could be produced from some 20 million male buffaloes, tonne, which would almost double the present level of Meat Production."
117. How stringent are the regulations in Delhi will be discussed later, but is. it indisputable that export market will not compromiso on quality. It is, therefoero, clear that such export of young. healthy, live animals to Gulf for killing; or killing them here for export by large scale Corporate Bodies in private sector such as Brooke Bond India Ltd., or by Government sector, such as MAFCO, is clearly in violation of spirit of Supreme Court decision, where only a small exception was made for sake of poor traders and butchers etc. keeping in view, the harship faced by them in the event of total closure of killing of oven aged and useless animals, whose maintenance was not considered in public interest for various reasons.
118. What is admitted into the Municipal Slaughter Houses for slaughter must necessarily depend upon the regulations and Bye-laws and has to be only legally permitted slaughtering. but question arises, as to how to determine the uselessness of animal at the Slaughter House, where it reaches after change of many hands. Now, at the slaughterhouse one does not know whether the original owner made a distress sale for economic reasons, or other reasons, or that export market offered far more than what he could earn by maintaining the cattle in good health. With the machanisation of agricultural operations, how does one know whether the animal was not useful as draught cattle. With the large scale acquisition of land by government, migration of population to Urban areas, how does one know that sold animal is incapable of yielding milk or not capable of breeding. All these questions cannot be given a short answer, by presuming that no one will sell a Cattle or Buffalo, unless useless for any purpose.
119. Now, till such time the 'Stale' brings the old animal, who once served us to the best of their ability. also into the fold of compassion, in pursuance of its obligation under Article 51(A) of the Construction, the position laid by Supromo Court that only those she-buffaloes, bulls, and bullocks (cattle or buffalo) after they cease to be capable of yielding milk, or of breeding or working as draught animals, could be allowed to be slaughtered, is the only lawfully permissible course.
120. In fact, after the birth of Constitutional Fundamental Duty to have compassion for living creatures, the relevance of throwing open the Municipal Slaughter Houses to general public, for getting slaughtered any animal, itself needs to be reviewed by State. How could State throw open its Public Premises for violation of a Fundamental Duty by its citizens.? It seems that now State is under an obligation to reconsider the continuance of provisions of Municipal Slaughter Houses, in the archaic Municipal Regulations, which already prohibit killings of animal at Private places. Such a prohibition is not only with a view to safeguard Public Health by nuisance or pollution etc., but also to keep all killings under public eye, to keep a check on impermitted killings.
121 in the case of BUDDHU VS. ALLAHABAD MUNICIPALITY (FB) AIR 1952 al p. 753, the Hon'ble High Court of Allahabad considered the provisions of U.P. Municipality Act, providing for the places for slaughter of animals and other connected matters. The Court held that "these provisions are mere empowering. authorising the Boards or Corporations or Municipalities to fix premises for the slaughter of animals intended for sale, or not intended for sale. The power to fix premises for slaughter of animals does not imply a free and unretricted right to slaughter any animal. The court further held that.