Petition filed by: The All India Jamiat-ul-Quresh Action Committee
Ground: For the cause of butchers and cattle traders have assailed the move on the ground that it impinged upon the citizens’ fundamental right to carry out their profession and the right to choice of food
Bench: A bench of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud
Present Issue: According to Section 38A of the Act, “every rule made by the Central Government or by the Committee constituted under Section 15 and every regulation made by the Board (Animal Welfare) shall be laid, as soon as may be after it is made, before each House of Parliament.
Last Status: The notification issued by the Union ministry of environment and forests prohibits the sale of cattle in animal markets unless there is a written declaration that the animals will not be sold for slaughter. The animal market committee will have to take an “undertaking” that the cattle will be used for agriculture only. The Supreme Court had on July 11 halted the Centre’s notification banning the sale of cattle for slaughter, extended throughout the country by May 30 interim ban imposed by the Madurai bench of Madras High Court. The Supreme Court was told that the Centre had not complied with the mandatory requirement of placing the notification for Parliament’s approval.
Directions
The Supreme Court today directed the Centre to explain within a week whether the government notification banning the sale of cattle in animal markets for slaughter had been placed before both Houses of Parliament for approval as required under the Prevention of Cruelty to Animals Act. The Bench passed the direction after additional solicitor-general P.S. Narasimha failed to say with certainty whether the rules had been placed before Parliament.
