New cow protection rule on a sticky wicket

The Centre’s new rules on banning cattle trade for slaughter seems to be on a sticky wicket. The notification issued on May 23 has imposed a blanket ban on the sale of animals from markets for slaughter.

The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, makes it clear that livestock (cows, bulls, buffaloes, camels and heifers) from markets would be available for the trading of animals for agricultural purposes only.

However, buying of animals for slaughtering can take place from farmers directly. This could be the reason why the Kerala High Court on Wednesday observed that there is no ban on the slaughter of cattle.

The court noted that the Centre’s rules prohibited the sale of animals for slaughter from the markets. They have not banned cattle slaughter at all, the court observed, while declining to entertain a PIL on the issue.

A day earlier, the Madras High Court stayed the implementation of the Centre’s notification for four weeks on two pleas contending that the rule went against the federal structure, besides being contradictory to the parent legislation, the Prevention of Cruelty to Animals Act, 1960.

The new rule has been opposed vehemently by states like Kerala, West Bengal and Puducherry. With strident voices being heard against it, the notification will go through strict legal scrutiny.

Notably, the rules were drafted following a strong push by the apex court while entertaining a PIL by animal rights activist Gauri Maulekhi.

The top court had in July questioned the Centre over the delay in framing stringent rules under the Prevention of Cruelty to Animals Act to check cattle smuggling.

It had directed the Centre to give a definite deadline to ensure the prevention of illegal movement of cattle from India to Nepal for illegal slaughter and sacrifice at the Gadhimai Festival.

The court had in July 2015 ordered all states to constitute the Societies for Prevention of Cruelty to Animals, as stipulated under the act. The key issue, however, is if the Centre has usurped the power of the state government over regulating cattle trade.

It is argued that the Centre has under Section 38 of the act just regulated the purchase of animals for agriculture and slaughter. But the power to frame rules for deciding to slaughter animals would be completely vested with the respective state governments.

But it is feared that the new notification, nevertheless, would be open to misuse. How hotels or restaurants which serve beef would deal with the situation is another moot question.