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The Union of India may consider the transfer of subject of slaughter Houses, from the Ministry of Agriculture to Ministry of Environment, keeping in view the large scalo killings of various types of animals in the slaughter Houses, so that whole activity is also monitored on environmentally relevant considerations.
The Union of India should weave the necessity of sufficient green pastures and grazing grounds for livestock animals in the city/Town planning process, so that cattle roaring practices do not dio, and distress sales are avoided. This suggestion is also with an objective that sufficient milk is made available to the poorest of poor locally to maintain national health.
The Union of India may consider bringing a comprehensive legislation so that all animal lifo and, not wild life alone, is rospected and protected.
The slaughter of any animal in the sight of another animal should be included in the description of cruelty for purposes of punishment.
Union of India may think to empower itself to impose reasonable restrictions by a Constitutional Amendment in the interest of preservation, protection and conservation of environment and its resources, as well as to the Fundamental Right of freedom to carry trade, occupation or profession. Such an amendment will go a long way in cloaning ground for take off of environmental jurisprudence.
The Government may with a view to contain unnecessary damage to resources, consider enacting Environmentally Destructive Practices (Regulation & Restruction) Commission, by an Act of Parliament as discussed at para 103 of this Judgement. The function of the Commission should be to determine from time to time on continuing basis, the nature of various trade and other practices of today, which may, unless regulated or restricted today, by drawing a critical or threshold line. will become destructive of environment tomorrow. In a democratic society with fundamental right of freedom of trade and occupation with no legal controls 'on expanding population, the finite resources and infinite needs, are to be constantly regulated to maintain balance. At what point of time, for example, the use of artificial fertilizers, pesticides or insecticides, plastics etc, may start having irrevesible effect on soil, vegetation or other creatures or bio-organisms, need to be constantly monitored on the basis of scientific knowledge, facts and other material, to determine the regulation etc. Likewise, at what point of time, eg. the freedom of speech and expression and freedom of circulation, when oxercised as a trade for business or profit aims, by multiplication of new titles on various subjects may start having a demand to be met by illegal felling of trees, in number more than, what could be grown, are to be watched. The examples are only illustrative.
PART. 11
ORDER
Having given my careful thought and consideration to Constitutional obligations of the State, as already discussed, in the prevailing scenario of entirely unregulated freedom of killing animals for greed based economic ambition of few, unwittingly promoted by State for small monetary gain, by its permitting killing of animals for export of meat; and other mentioned reasons, resulting in 'marginalisation of animals, with potentially environmentally destructive dimensions:
AND taking sorious note of 'enormous silence' of Ministry of Agriculture and Ministry of Environment; when they had an inescapable duty. to share, concern for animal life in general, and loss of
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