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 7

and Dairying. Unfortunately, both have chosen to be only as ON-LOOKERS, and in my view cannot stay stranger to each other. The policy formulation regarding establishing of slaughter houses in the country is a subject matter of Department of Animal Husbandry, while Animal Welfare is now the concern of Ministry of Environment and Forests. Now, with the enacting of Environment (Protection) Act-1986, ENVIRONMENT includes not only land and water, but also the mutual relationship that exists between human beings and other living creatures. The large scale slaughtering of animals, whether livestock or others, for whatever purposes necessarily raises and involves in a massive way the question of mutual relationship between Man and living creatures, and is, therefore, a question of ENVIRONMENT principally. The Corporation, DDA, etc. are mere Lostrumentalities of STATE or executors of State policy, and in such matters cannot have any independent stand, to be heard; and are, therefore, bound by the findings of the COURT regarding the legality or validity of State policy, in relation to slaughtering of animals.
23. Since the defense of both the Ministries has been struck-off this Court is entitled to look into various publications of Government, on the subject and other published information on the subject.
24.
With this perspective in view, I proceed to consider the various questions raised in the suit.
25. Before considering the question of legal relationship between Man and living creatures, from legal, cultural and environment points of view, the case of the plaintiffs for injunction, on the grounds that 90% of the population being purely vegetarian; and on the narrow grounds of ccmmunity at Narela being Non-muslim or oherwise, may be disposed off. In my view, so long as slaughtered animal products qualifies as FOOD and are available in the market. in that form, the individual food preferences between the Butter or Beef; Chicken or Cheese: Pork or Pulses; Mutton or Mushroom or Milk; does not constitute a civil cause of action or dispute for adjudication in a Civil Court, as our population is of diverse communities and cultures. It is well settled that Civil proceedings are defined as a Judicial process to enforce a Civil Right and includes any remedy employed to vindicate that right. To be Vegetarian or Non-Vegetarian, being matter of personal private choices do not confer any Civil Right, which could be vindicated in a Court of Law.
26. It is, however, another matter that now there is a fast growing medical documentation and research to show that Vegetarians may live long life. Recently Press Trust of India quoted a study by German Scientist, who monitored the health of Vegetarians over a period of 11 years. The study reported that Vegetarians are not only healthy but also live longer. As early as in 1961 one physician was bold enough to write in the Journal of American Medical Association that 97% of the Coronary occulsions (the usual heart attacks) could be prevented by a vegetarian diet. It is for the individuals to consider or ignore this. However, probably everyone does not know that there are about 70 major diseases transmitted to man from abattoirs (Reference Shoor Vir Singh-National Training Course on Meat Hygiene and Abattoir Management 17-23 April, 1990 organised by Ministry of Agriculture and FAO, UN at Makhdeom (UP). These diseases are transmitted by slaughter of sick and diseased animals and by the other unhygenic conditions for which Municipal Slaughter Houses are well known as no controls on these aspect is able to be exercised for various reasons. Therefore, there is talk of modernisation of slaughter houses
27.
Following observations at P.51 of the above reference is instructive in this regard.
"The abhorrent conditions of slaughter houses is a major constraint in production of good quality meat either for export or for domestic market. Practically, all public slaughter houses in the country are outdated and not even fulfill the basic requirements of water, electricity. sanitation facilities for hanging carcasses for flaying etc."