‘Its rules are clearly contrary to Section 29 of the Prevention of Cruelty to Animals Act, according to which only a person convicted of cruelty can lose their animal,’ says CJI Sharad A. Bobde
The Supreme Court asked the Center on Monday to “eliminate” its three-year law that allowed the seizure and subsequent confiscation in ‘gaushalas’ of livestock of people who depended on these animals for a living, even before they were found guilty of cruelty towards them.
A bank run by the Chief Justice of India, Sharad A. Bobde, warned the government that it would “suspend” implementation of a 2017 law that allowed authorities to confiscate livestock on the mere suspicion that they had suffered cruel treatment for part of their owners or were they being prepared for the sacrifice.
These animals, the law prescribes, would then be housed in ‘gaushalas’ as “case property” to await the court’s verdict. In short, a farmer, rancher, or cattle dealer loses their animals before being convicted of the cruelty charge.
“Understand one thing here … These animals, and I’m not talking about cats and dogs, are a source of livelihood. You can’t just seize them and keep them confiscated like this … Their rules are clearly contrary to Section 29 of the Prevention of Cruelty to Animals Act, according to which only a person convicted of cruelty can lose their animal. Either erase this (Rules) or we’ll keep it, ”Chief Justice Bobde told Additional Attorney General Jayant K. Sud, for the Center.
Mr. Sud stated that the Rules had already been notified.
“There is recorded evidence to show that actual cruelty to animals is being committed,” the law enforcement officer said. Then he took time to present an answer.
The court scheduled the next hearing for Monday.
The law in question is the Regulation for the Prevention of Cruelty to Animals (Care and Maintenance of the Animals of the Property of the Case), 2017 notified on May 23, 2017. The rules were framed under the Law of Prevention of Cruelty Towards Animals, 1960.
The 2017 Rules allow a magistrate to seize livestock from an owner facing prosecution under the Prevention of Cruelty to Animals Act. The animals are then sent to infirmaries, ‘gaushalas’, ‘pinjarapole’, etc. These authorities can give these animals for “adoption.”
‘Used as a tool’
The Buffalo Merchants Welfare Association, represented by defender Sanobar Ali Qureshi, said the Rules were being used as a tool to seize and impound their livestock.
The association said the existence of the law had emboldened “antisocial elements” to take matters into their own hands and plunder the cattle traders. It had become a cause of polarization in society.
“It is pertinent to mention that these frequent looting also threaten the rule of law and, in general, encourage groups of people to take justice into their own hands. Furthermore, these incidents are acting as triggers for the community polarization of society and, if they are not stopped effectively and immediately, they will have disastrous consequences on the social fabric of the country, ”said the association.
The association said the 2017 Rules had crossed the boundaries of the 1960 Act.
The petition said the government reneged on its guarantee to amend the Rules.
“It is pertinent to note that when the Rules for the Prevention of Cruelty to Animals (Regulation of Live Animals, Markets) of 2017 and the Rules for the Prevention of Cruelty to Animals (Care and Maintenance of the Animals Owned by the 2017 were first challenged before the Supreme Court, the Union of India had made a statement that the government was reconsidering the rules and the amended rules would be re-notified. The matter was thus resolved by the Supreme Court … Since then, there has been no notification of any amended rule, ”the petition says.
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