________________
Code. The interest of public in such animals in particular, and general interest of 'man' in role of any animal in ecological balance in nature, makes every animal in care or custody of anyone, a property which is lointly held with others in Community, within the meaning of Explaination 3 to Sec. 425, defining 'mischief. It is therefore, imperative that such a criminal activity is checked.
134. Doctrine of Compulsion and nocessity, leaving no choice of action, but to commit the offence under threats or apprehension of Instant deaths to those engaged in slaughtering business, can only mako the activity a non-oftonte. This is the policy of Law in Sec.94 of the Indian Penal Code. The above discussion will lead to already stated proposition that there cannot be business based killings to earn a livelihood, by export etc. The Criminal Law, thus respects 'need based' killings only.
135. Now, before considering the case of the plaintiff, the whole matrix of existing legal relations, between State, Its Citizens and other living creatures particularly with reference to livestock animals may be stated alongwith what follows from these;
State itself is under Constitutional obligation to have compassion for all living creatures, as a part of total duty and obligation towards environment in the Animal Kingdom. What follows from this is that a wholo legal regime for protection and preservation of Animal Kingdom, as such is called for, which should be based on 'Harmonious Co-existence of man and animals in a manner consistent to both. It thus follows, that State cannot stay 'Onlooker' to massive killings of animals for whatever reasons within the Municipal Slaughter houses or outside, much less it can itself sel up and nurse Meat Industry or Slaughter House Corporations by providing Finance, Machinery and other means.Keeping in view, the large scale environmentally destructive activity. State is under an obligation to regulate by Law in massive way the unbridled, unregulated freedom of individual to kill animals for sake of making a living. In the absence of any law permitting killing of any animal at will, or sharply defining the conditions and circumstances, in which 'man' can turn to 'animal' for 'food', the killings for food can be related only to primitive conditions which necessitated killing for continuous kindling of light of life in 'man' and State is under a duty to see that the animals are not destroyed for any and every reason. It also follows that Slate cannot export nor allow export of live animals for killing, or allow export after getting them killed here.
Stale being under a duty under Article 48 of the Constitution to take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle, is under a legal obligation as laid down by Hon'ble Supreme Court of India, in the case of 'Mohd. Hanif Quarashi Vs. State of Bihar', AIR 1962, 731 to see that healthy, young, strong and useful livestock population for breeding, milking and draught population is saved from slaughter, and killing of livestock population without any reference to test of age and usefulness does not take place. This requires framing of Bye-laws and State Managed identification Centres for useless cattle. by regulating the sale of animals to butcher directly, so that distress sales of animals and sale for other changing circumstances by mechanisation of farming, shift of rural population and acquisition of land etc. do not send potentially useful animals to slaughter house, as it is a loss to the nation, as observed by Hon'ble Supreme Court of India in 1958.
Penal Policy of Law, as contained in Indian Penal Code U/s 428 and 429 will make it an offence to kill useful animals as slaughter of useful animals is a wrongful loss to public and nation and such animals are a property jointly with others in the Community. No exception to this law exist. In the absence of unavoidable circumstances, or situations critical in nature leaving no choice of action, but to kill an animal for 'food for sake of survival, as may be permitted under Sec.94 of the Indian Penal Code, all killings for sake of earning livlihood
30