________________
146. MCO is still following the outdated Bye-laws framed in 1946 under the Punjab Municipal Act framed by the British Regime, when there was no obligation of State to protect livestock and milch cattlo. Those Bye-laws define animal by a inclusive defination as follows:
*Animal" includes any horso, mare, golding. pony, feal, colt, filly, stallion, ass, donkey, mulo, bull, cow, bullock, heifar, calf, stoer, ox, shoep, lamb, owe, thether, ram, pig. hog, sow, goat or kid.
147. These Bye-laws proscribe no legal bars of age or usefulness. In the absence of any such logal ban how MCD can enforce ovon Its superficial examination rogimo is not clear. However, these bye-laws contain various salutory last gestures which pay respect to animal life, as well as, are moant to protect consumers of meal. It is well known that, oven these are not being followed. The notable provisions are as under:
Suitable arrangements shall be made for the proper care and food of the animals while in the waitig yard by the owners or butchers at their own expenso.
A person shall not cause or suffer to be slaughtered in the Slaughter House any animal in view of another animal.
No animal other than that intended for slaughter shall be allowed into the Slaughter House and no animal shall be kept in a slaughter house for a longer period than is necessary for preparing such animal for slaughter.
The Suprintendent Slaughter Houso shall not at any timo koep any dog. pig or bird or cause or suffer any dog. pig or bird to be kept in or to have access to such slaughter house. Tho opon aroa in a slaughter house shall bo so covered by wiro or ropo netting to provont carrior birds from carrying away tho material therofrom and dropping it in the vicinity of any inhabited area.
No person affected with tuberculosis or any other infoctlous or contagious disoaso, leprosy, sores or any other skin disease shall enter the slaughter houso premises. A periodical medical inspection of butchers and flayers shall be obligatory.
148. The above discussion will show that MCD should not allow slaughtering of cattle anywhere in Delhi without framing Bye-laws which are consistent with the Supreme Court views, penal provision of law and the fundamental Duty of Compassion on citizens and obligtion of State in this regard. Without such Bye-laws oven Modern Slaughter House to be set-up anywhere in Delhi, cannot function. Age of animal is the first threshhold test_to consider its use or potential use for breeding. milking etc.
149. Kooping in view the recurring loss to the nation by allowing premature slaughter of useful animals of livestock and the fact that this practice is going on for the last 24 years, it is in the interest of justice, that MCD is directed to stop all killings of buffaloes for whatever purpose till it frames Byelaws in consultation with the Central Government. The Central Government is also under obligation to get the killings stopped by issuing appropriate directions to MCD in the light of this Judgement.
150 There is clear necessity as already discussed of an independent identificaton centre and a machinery consisting of well experienced, qualified and independent public persons and persons from of Society for Prevention of Cruelty to Animals which can enforce Bye-laws and also certify
34