Kerala High Court seeks Centre stand on petition against slaughter ban
The state government submitted that the Central Government had encroached on the power of the state by issuing the order.
Kochi: The Kerala High Court has sought the Central Government's view on a petition challenging its decision to ban the sale and purchase of cattle from animal markets for slaughter. When the petition came up for hearing, the state government submitted that the Central Government had encroached on the power of the state by issuing the order while the centre claimed that it passed the order as per the norms. Mr Hibi Eden MLA, Mr P.U. Kunju Muhammed, a meat vendor at Kaloor market, and Mr T.G. Sunil, a Youth Congress activist based in Perumbavoor, moved the court which posted the public interest litigations to Wednesday for detailed hearing.
The state argued that the preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice are included in the State List in the Constitution of India. Markets, fairs and taxes on animals are also in the State list, the government contended. Mr Hibi Eden challenged the validity of Rule 22 of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 which prohibited selling of cattle for slaughter. The decision by the centre was unconstitutional and violates the fundamental rights of the citizen. The prohibition imposed in rule 22 is clearly ultra vires of the Act. In fact, the Act permits killing of animals for the purpose of food. The rules have no nexus whatsoever with the objects sought to be achieved by the PCA Act, he said.
Youth Congress general secretary T.G. Sunil, who claimed to be a strict vegetarian, argued that the notification is against the basic structure of our Constitution. It was an intrusion into the life and personal liberty of an individual. The implementation of the notification may adversely affect the religious harmony in the state and act as a catalyst in brewing up religious tension in several areas, he said. Mr Kunju Muhammed submitted that his business had been already affected since the supply of buffaloes for the purpose of slaughter was prohibited under the rules. "I have to close down my business, if the decision of the Union government is implemented," he said. According to him, the state government has not banned cow slaughter. The new decision will work as an effective ban on slaughter, he said.