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of regulating manner of admitting the animals, necessarily has to deal with elaborate proceedure for identification etc. of useful or potentially useful cattle by prescribing the test of age etc.
141. In order to know the bye-laws of MCD, in admitting animals into slaughter house, the MCD through its Legal Adviser, was asked to place on record the Bye-Laws framed. The Manager, Slaughter House, who is a party in this suit, was also summoned to make statement in the regard.
142.
One can do no better than to quote him in extenso. What he stated on oath is this:
"I am Manager, Slaughter House, Delhi. MCD has not framed any bye-laws under the MCD Act in relation to Slaughter House. MCD is following the bye-laws framed under Punjab Municipal Act, vide EX-D1. The export section_of the slaughter house is in respect of Buffaloes and Sheep. Out of total buffaloes slaughtered per day 3/4 are buffaloes and 1/4 are sheeps. The animals are not checked before slaughter by Veterinary Surgeon one by one, but on the basis of superficial examination etc. Doctors also see for the milch cattle, though, the bye-laws applied as such do not provide for this checking. Chief Commissioner Notification of 1961 of Delhi, provides for ban on slaughter of pregnant heifer and animals in milking condition. Mülking Condition is not defined therein. There is no restriction as regards age of buffaloes. There is no prescribed procedure to check how long the buffalo is in milking condition, and whether it can be nursed to make milch cattle by good feed etc. The present proposal is for setting slaughter house at Narela, site has been selected."
143. A bare reading of his statemein will show that MCD has not so far, since 1958, when the Supreme Court expressed itself against the premature slaughter of cows, buffaloes etc. irrespective of the test of age or usefulness, opened its eyes to the recurring loss of useful cattle to the nation, by framing Bye-Laws to give effect to it. It is still depending on the superficial examination by Vets by looking at Udders of buffaloes etc., to know whether they are in the milking conditions or not. These are not sure method to determine its use for milking, breeding or as draught cattle.
144. Whether these buffaloes are potentially capable of various uses being made milking given care and food is important. At a slaughter house, when an animalreaches after walking hundreds of miles, starving for food, a superficial look only adds insult to animal life. As already discussed and observed by Hon'ble High Court of Delhi, MCD is under no obligation to provide slaughter for export purposes, yet, MCD has been over the years, allowing large number of buffaloes, calves irrespective of age for export, little realising that export will not compromise on quality of meat, for the money paid by them and it will necessitate killings of only healthy claves or buffaloes, not aged or useless, which will become available only in due course of time but not on demand. Union of India or Central Government, under whose directions and policy control MCD functions, is no less responsible for this patronage and killings against the views of the Hon'ble Supreme Court of India.
145. The Central Government/M.C.D. was clearly under an obligation to frame Bye-laws for the purpose of admitting the cattle and animals in the slaughter house. Likewise, after the enactment of Prevention of Cruelty to Animal Act-1960, it was obligatory to frame bye-laws to regulate the manner of slaughtering. The word 'MAY' in Section 481 of MCD Act already reproduced above, in the face, of existing Supreme Court Judgement and Act of 1960 can no longer be construed as directory only ar.d word MAY has to be read as 'SHALL'. What MCD and Central Govt should do now is too obvious to be stated by this Court.
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