Judgement Dealing With Subject Of Slaughter Of Animals In Light Of Indian Constitution

SR No.: 269193
Original Sutra Author: N/A
Author: C K Chaturvedi
Publisher: Akhil Bharat Krishi Go Seva Sangh
Total Pages: 40
Language: English
Classification: Article
File Size: 8 MB

Page 3

ORDER/JUDGMENT
This consolidated order determines firstly, the legal relation between Stale, its citizens & other living creatures on Indian Soil, in terms of my orders dated 23 3.92. and secondly, determines the suit of the plaintiffs in terms of Delhi High Court judgment in GW No. 2267/90: alongwith some suggestions and directions considered necessary, in the light of discussions on legal relations mentioned firstly above. What necessitated the consideration of this question was not any theoretical or ecademic exercise but the real necessity of the case as mentioned in para 18 below to adjudicate the cultural, legal and environmental questions raised in the suit in relations to State or Municipal Corporation managed Slaughter Houses and massive killing of livestock animals, therein. It inay be mentioned that when the order of 23.3.92 was passed, the judgement of Hon'ble High Court of Delhi in CW 2267/90 was not announced.
2 Plaintiffs are citizens of India and residents of Narela in the city of Delhi. They are apparently aggrieved by the proposal of the Corporation to shift the existing official slaughter house at Idgah, to a location in Narcia. The proposal to locate or shift the slaughter house at Narela, is quite open and under consideration with Government, as it is also meeting protests from the residents of the area and recently there have been public Demonstrations against il, on various grounds such as. Cultural and Religious feelings, and from the Environmental Poliution o! the Air, in the nearby areas in Narela.
3. This concern cannot be termed as imaginary; and is real and genuine, for the sinple reason and fact tha! this concern; and difficult and sickening conditions of the people near Idgah location itself, necessitales ils moving outside to the periphery of remote area in Delhi. When a situation turns out to be offensive and threatening to life outside the door of one citizen, its shifting to door of another citizen, is likely to be met with similar resistance and anguish.
Now, what does the plaintiffs allege in the suit may be noted. It is stated that entire Narela arca is in-habitated by Non-Muslim communities, i.e. almost entire population is non-muslim. That 90% of the population is purely Vegetarian and they do not like the meat and other kind of flesh. That the forcia:hers of the plaintiffs and the plaintiffs themselves are deadly against non-vegetarian food. It is stated that to check the haphazard and unplanned growth of Delhi, Delhi Developinent Authority Act 1957, was passed and a Master Plan was prepared for Delhi with Zonal Plans. It is alleged that some land of Narela was acquired by the Government for various objects, but in the said objects there was no provision or proposal for setting up any Slaughter House in Narela land. In the Zonal plan for the Narela land, tollowing objects have been shown.
Gross Residential Area Large Open Area Industrial Area Reservation (Future Industrial) Government Offices Commercial and Business
1167 acres 268 acres 225 acres 150 acres 50 acres 25 acres
5 11 is stated that in the above enumeration. There is no mention of Slaughter House. Moro facts have been mentioned. It is stated that within the radius of 6 Kms. is GHOGA AIR PORT. and RULE 81.B of AIR CRAFTS RULE-1937. prohibits slaughtering and flaying of any animal or depositing of dropping. any rubbish. garbage, or any other pollution or matter, which attracts vultures or other birds or animals within a radius of 10Kms. from the Aerodrome Reference Point.
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