'Day in and day out, illegal slaughtering taking place': Madras High Court issues directions to prevent illegal transportation and slaughtering of animals in TN

The Madras High Court recently observed that facts on record showed that in the State of Tamil Nadu, day in and day out, slaughtering of animals including cows and camels is taking place in violation of the Prevention of Cruelty to Animals Act, 1960. 

The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that "it can happen only when the administration fails to ensure compliance of the provisions of the Acts and the Rules and does not take timely action against the defaulters."

Stressing that earlier, in a case pertaining to illegal transportation of camels from outside the States like Gujarat and Rajasthan and slaughtering in open places, the court was assured that immediate steps would be taken against the culprit, however, the State authorities, which may include the Police administration, failed to take immediate action.

Therefore, stating that it has to pass appropriate orders to prevent transportation and slaughtering of animals, Court issued the following directions for protection of animals:

• State, through its concerned Departments, would ensure that no transportation or slaughtering of animals takes place in violation of the provisions of Prevention of Cruelty to Animals Ac 1960, Transport of Animal Rules 1978,  the Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules 2001 and all other relevant Rules.
• Strict compliance of the provisions of the Acts and the Rules would be made not only through the District Level Committee, but also the State Board, and they should be activated with circulation of a copy of this order.
• If anyone indulges in illegal transportation of animals, he/she should be dealt with for violation of the relevant laws and immediate action should be taken with registration of cases against the accused.
• State through its Transport Department should monitor transportation of animals and for that at the check-posts and even at the toll-gates, the footage of CCTV cameras, wherever available, should be made accessible to the District Level Committee.
• State to ensure that if slaughtering is to be done, it should always be in the licensed slaughtering houses after due compliance of the Rules and only after a certificate as contemplated under Section 4 of the Act of 1958.
• In case of an illegal transportation of animals, not only cases should be registered, but also the animals should be recovered and kept in safe custody.
• To check the aforesaid type of transportation, periodical monitoring should be done and no animals should be allowed to enter into the territory of the State of Tamil Nadu from any other State, if it is brought in violation of the Rules of 1978 and 2001.
• Slaughtering should not be permitted in violation of the provision of Section 4 of the Act of 1958.
• State should not allow auction of animals in violation of the provisions of the Acts and the Rules.
• The District Level Committee to see that no transportation or slaughtering of animals takes place without the compliance of the directions given by this Court and the provisions of the Acts and Rules.
• In case of any violation, it would be immediately brought to the notice of the Superintendent of Police concerned to register a case with further action in the matter and the District Collector concerned would also see that no illegal transportation or slaughtering of animals in his district takes place.

The court was hearing a batch of pleas claiming that the provisions of the laws made for protecting animals from and regulating the slaughtering inside the State were being violated. Court closed the petitions with aforesaid directions.

Case Title: E.Seshan v. Union of India and Ors and connected matters