'State Will Have To Consider What Happens To Common Farmer' : Karnataka High Court On Cattle Slaughter Ordinance

A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum said "List the petition day after tomorrow (January 20), at 2.30 pm. When the court will consider prayer for grant of limited interim relief concerning section 5, read with section 13 of the impugned ordinance. Wider prayer will be considered at a later stage."

Advocate General Prabhuling K Navadgi submitted that "Draft rules under the Act have been framed and we have invited objections for finalizing. Pending finalization of state rules the Transport of Animal Rules, 1978 under which Rules 46 to 56 provide for transportation of cattle, would be applicable. This is an interim arrangement."

The bench on perusal of the rules noted that the Central rules 46 to 56, will apply for transport by rail. While the proviso to section 22 of the Ordinance, is applicable for transporting in any manner. It said "A farmer if he wants to take his cattle in the same village he will have to apply for a certificate. Ultimately we have to see what will happen at grass root level."

Navadgi assured the court that "Rules would be applied in a manner as practical as possible, it cannot be indiscriminately applied."

The bench then suggested that "Either state will have to make a statement for time being no coercive action for violation of section 5, will be taken otherwise we will have to pass order". Navadgi sought a day's time to seek instructions, which the court allowed.

The bench also took on record the preliminary statement of objection filed by the state government to the petition. In its reply the state has said that "State Government subsequently has framed the Draft Rules, which enables the transport of cattle for bonafide agricultural or animal husbandry purposes. The Draft of the Rules namely Karnataka Prevention of Slaughter and Preservation of Cattle (Transportation of cattle) Rules 2020 is published in the Karnataka Gazette Extraordinary on 16.01.2021."

It is also stated that "Under further proviso Section 22 of the Ordinance the Rules framed under the repealed act are continued to be in force. Further under the Prevention of Cruelty to Animals Act, 1960, the Central Government has framed The Transport of Animal Rules, 1978 under which Rules 46 to 56 provide for transportation of cattle which would be applicable till the rules under Section 5(2) of the Ordinance are brought into force. State further undertakes if any person wants to transport cattle under Section 5 of this Ordinance, he shall be permitted to if he complies with Rule 46 to Rule 56 of the Central Act."

Further it is stated that "There are 4212 veterinary institutions through out the State headed by veterinary officers and inspectors who are available on call and there 176 mobile clinics.

The statement was filed while hearing a petition filed by Mohammed Arif Jameel challenging the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020. The petition he petition states that the law violates the fundamental rights of citizens and is unconstitutional. Further it is said that Article 19 (1) (g) of the Constitution of India guarantees citizens to carry out trade and business, subject to reasonable restriction as mentioned in clause 6 of that Article.

A complete ban on sale of purchase or resale of animals would cast a huge economic burden on farmers, cattle traders, who find it difficult to feed their children but would be required to feed the cattle as it is an offence under the law to starve an animal or failure to maintain it. It is also said that it would lead to the rise of "Cow Vigilantes".

The petition claims that the new law is in violation of Right to Livelihood, under Article 21 of the Constitution. Further it is said that the Right to choose food is a part of Right to personal liberty, consciences and privacy. By imposing a ban on slaughter of animals for food the citizens with a choice to eat the flesh of such animals will be deprived of such food which is in violation of Article 21.

The petition also states that Beef is an integral part of Mangalorean cuisine. The ordinance prevents them from consuming beef which is integral part of their culture and thus violates Article 29 of the Constitution. The petition prays to declare the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020"as unconstitutional. By way of interim relief stay the same.