Slaughtering Animals Without License: 'Implementation Of Rules Ineffective, Safeguard Public Interest': Madras High Court

A single-judge bench of Justice SM Subramaniam observed that the Director-General of Rural Development was to be suo motu impleaded since the said official is responsible for issuing appropriate instructions to all the Subordinate Officials, ensuring effective implementation of the Rules.

"Safeguarding public interest is of paramount importance and people are facing largescale health issues on account of unclean atmospheres and improper maintenance of garbages, medical wastages, unusables of slaughtered animals etc. When these aspects are not monitored and implementations are slow down or not done in some places, then the Authorities are failing in their duties to implement the constitutional mandates and therefore, the importance of implementation of the Statutes, Rules and Guidelines in this regard must be scrupulously followed", observed the court.

After the court made the above observations, the Director-General of Rural Development was directed to issue instructions to subordinate officials to implement the Tamil Nadu Village Panchayats (Prohibition or Regulation of the use of places for slaughtering animals and licensing of slaughterers) Rules, 1999 and initiate all appropriate actions against the violators.

In instances of slaughtering animals without the requisite license, appropriate actions including registration of criminal cases must be undertaken, noted the court.

In pursuance of the same, the Rural Development Director-General was also asked to issue a consolidated circular for effective implementation of Statute, Rules and Guidelines issued by the Government and concerned authorities.

The above directions were issued by the High Court while disposing off a plea for action against the owner of an animal slaughtering shop running without license in a locality. The petitioner also argued that the respondent authorities didn't take any action against the shop owner even after a complaint was made.

According to the applicable rules, without a license issued by the Executive Authority, no one is allowed to slaughter, cut up or skin any cattle, poultry etc. in any place in the village other than in a public slaughterhouse, if any, provided by the Village Panchayat, the court noted.

While Rule 4 talks about the procedure for grant of license, Rule 5 mentions that the Certificate must be issued by the Veterinary Assistant Surgeon. Rule 6 provides responsibility for the Licensee to dispose of the unusable of these slaughtered animals.

About the failure of respondent authorities to overview the effective implementation of these rules, the court noted:

"Article 21 of the Constitution of India ensures 'right to life'. Health is an integral part of 'right to life' and therefore, any public health issues arose on account of such irregularities or illegalities, it must be addressed and to be redressed without causing any undue delay. There are largescale allegations of disposal of the unusable of these slaughtered animals in Municipal, Semi Urban and Village Areas."

Regarding the case before the court, it was noted:

"The writ petition is pending for the past about six years. It is not made known whether the Authorities have initiated action in this regard with reference to the complaints in the public domain in the matter of slaughtering of animals without license. In the absence of any such submission before this Court, it is to be construed that the Authorities Competent are failing in their duties in implementation of the relevant Rules, more specifically, regarding the maintenance of public health:

The court also indicated that the Rural Development Director should initiate action against subordinate officials displaying dereliction in their duties to enforce the rules.

Case Title: V. Paneerselvam v. Executive Authority, Panagal Village Panchayat & Ors.

Case No: WP No.37708 of 2015