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 4

6. in respect of existing Slaughter House at Idgah, it is mentioned that it has sufficient area, where this is being done for a very long period. Almost all the Butchers of Delhi are living within vicinity and number of such people are about 50.000 and MCD and DDA are keeping care and supervision
7. The suit of the plaintiffs does not mention a word about the conditions of people in the nearby areas or visiting that area. It also does not mention, why there is a public demand for shifting and closing this Slaughter House.
8. It is stated that existing slaughter house is in a area of about 12 Acres, which is sufficient for slaughtering purposes. The plaintiffs also give statistics of the killings. It states that in the year 1989-90, 625088 Buffaloes, 1911857 Goats and Sheep were slaughtered, and in the year 1990-91. 588922 Buffaloes and 1800557 Goats and Sheep were slaughtered. It is stated that contemplated Slaughier House at Narela will not have so much of available space and that Butchers will cause unbearable nuisanco in Narela. The suit was filed when some officials of the MCD were found taking measurements etc. of the area for the purpose.
9. Lastly, it is stated that the slaughtering of the animals is illegal, in human and unconstitutional and the State has no right and cannot have power to permit the slaughtering of animals from environment point of view. If the slaughter house is set up in Narela, it will cause great unhygenic conditions and will create such an atmosphere to which the plaintiffs are not habitual and not accustomed to live. and the feelings of Hindu Community in the area will be hurt and will cause adverse effects on the health and living of plaintiff besides Public Nuisance.
10. In the light of the above facts, it has been prayed that a Decree of Permanent Injunction be passed, restraining the Defendants to set up any Slaughter House in Narela area, in violation of Zonal Fian and such other Reliefs, which this Court may deem fit.
10a.
Notice u/s 80 CPC, was exempted.
11. While the plaintiffs on behalf of the residents of Narela, want to protect themselves from the nuisance and pollution of the bad smell out of slaughtering process, it has to be remembered that, environment is not a domain exclusive to MAN alone. The large number of creatures, small or big. Flora & Fauna are very essential part of environment. The concern for life of voiceless animals, who are killed by violence, for various reasons, by human beings, is a concern at par with the concern of citizens to protect themselves against he health hazards, nuisance and polluted air generated from slaughtering houses. It needs no great learning to understand that ANIMALS are not ENCROACHERS on the this Earth, and have a right to co-exist with human beings in a manner, which is consistent to both. This aspect is to be dwelt upon more closely in the later parts of this Order.
12. in view of the fact that large number of animals being slaughtered, since also constitute our livestock wealth of India, which is vital to our agricultural economy. Ministry of Agriculture (Department of Animal Husbandry and Dairying). was considered a necessary party to the suit to adjudicate and understand the question in its all dimensions. This Department of Government of India is the Authority to sanction and locate slaughter houses in India. It was impleaded as Deld No.7. in the suit, as STATE has some obligations towards the protection of livestock and other milch cattle under the Constitution of India. It may be mentioned here that various Municipal Acts provide for vesting and managing of slaughter houses in the Municipality, called Municipal Slaughter House, and these Acts prohibit slaughtering of any animal except in the Municipal Slaughter Houses Despite this prohibition, the animals are killed everywhere. The Delhi Municipal Corporation Act. 1957. and its Bye-laws in this regard do not prescribe for any check in order to see that young calves and young animals are not slaughtered