Petitioner challenges rules notified by environment ministry
the goan I network
PANAJI
Manna Bepari, president, Quraishi Meat Traders’ Association of Goa and Anwar Bepari are petitioners in this case. The respondents to the case are Union of India and State of Goa.
The rules, which are being challenged by the petition, were notified by the ministry of environment, forest and climate change (under the central government) on May 23, 2017. The Rule 22 of the said notification restricts the sale of cattle if it has been brought to an animal market for sale for slaughter.
The meat traders in Goa source most of the cattle from Karnataka and their fear is that these rules will adversely affect their business. While challenging the new rules, the petition broadly makes two points. The first point is the new rules are ultra vires (outside of power and authority) the Prevention of Cruelty to Animals Act, 1960. Simply put, the rules cannot be in an act, if they are indeed outside its scope and authority.
The petitioners argue that The Prevention of Cruelty to Animals Act does not prohibit or restrict sale or purchase of cattle for slaughter. They further argue that the object of the act is to prevent infliction of unnecessary pain or suffering on animals.
The petition also said that animal markets and livestock management is an exclusive state subject upon which the union has no legislative and executive powers. Keeping all this into consideration, the petitioners opine that the new rules are beyond the scope of the very act they are made under.
The second important point in the petition is that the new rules are in direct conflict and violation of the Article 19 (1) (g) of the Constitution of India, which allows all citizens to practice any profession, occupation, trade or business.
The petitioners said that they are practicing a trade of sale of meat including beef, which is their fundamental right.
Further to that, the petition also says that the new rules are violative of Article 25 of the Constitution of India, which guarantees freedom of conscience and free profession, practice and propagation of religion. The petitioners have requested the HC to quash the said rules. Manna Bepari said, “If these rules are implemented, how will we get cattle? How will Goa Meat Complex run without cattle?”
COURT CALL
The petitioners argue that The Prevention of Cruelty to Animals Act does not prohibit or restrict sale or purchase of cattle for slaughter
Meat traders in Goa source most of the cattle from Karnataka and their fear is that these rules will adversely affect their business
The petition also goes on to say that animal markets and livestock management is an exclusive state subject upon which the union has no legislative and executive powers
New rules are in direct conflict and violation of the Article 19 (1) (g) of the Constitution of India, which allows all citizens to practice any profession, occupation, trade or business
