"It Is For Executive To Enforce": Supreme Court Closes Plea Against Cow Slaughter, Elephant Poaching, Animal Killing For Crop Protection/Religious Sacrifices
Mehal Jain
20 Aug 2021 11:11 AM IST
Supreme Court said that the issue is an aspect of enforcement and it is for the Executive to take appropriate action to see that the intent of the Legislature is implemented.
Observing that it is an aspect of enforcement and it is for the Executive to take appropriate action, the Supreme Court on Wednesday disposed of a plea raising concerns of the slaughter of cows, poaching of elephants, killing of wild animals for crop protection and animal sacrifices in religious practices."We have heard the petitioner in person and perused the pleadings in the writ petition....
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Observing that it is an aspect of enforcement and it is for the Executive to take appropriate action, the Supreme Court on Wednesday disposed of a plea raising concerns of the slaughter of cows, poaching of elephants, killing of wild animals for crop protection and animal sacrifices in religious practices.
"We have heard the petitioner in person and perused the pleadings in the writ petition. The prayers are too wide and varied and it would be difficult to issue any direction", said the bench of Justices S. K. Kaul and Dinesh Maheshwari.
Having examined three aspects: (a) Enforcement of the Environment (Protection) Act, 1986 and The Forest (Conservation) Act, 1980, (b)The Wild Life Protection Act, 1972 and The Indian Forest Act, 1927 and (c)The Prevention of Cruelty to Animals Act, 1960, the bench said, "this is an aspect of enforcement and it is for the Executive to take appropriate action to see that the intent of the Legislature is implemented in its true intent and spirits".
Secondly, was an issue arising from the nature of consequences flowing from violation of the provisions of the Prevention of Cruelty to Animals Act, 1960- "It is the say of the petitioner that the punishments are within the very narrow compass and archaic both in terms of consequences of fine or imprisonment", recorded the bench.
"This is an issue again which would have to be considered by the legislature and we request the Central Government to examine this issue as to whether any modifications in this behalf are required to be made", said the bench.
"Millions and millions of animals, milking and pregnant cows, calves, buffalos, goats, poultry are slaughtered in the most inhuman ways, in clear violation of the mandate of Articles 48, 48A and 51A (g) of the Constitution of India, as also the various Acts, Regulations and Rules enacted/framed by the Parliament, various State Assemblies, Centre and State Governments, banning the slaughter of milking cows and calves, as also regulating the slaughter of animals", it was urged by advocate-petitioner Mathews J. Nedumpara.
He submitted that millions of wild animals, wild boars, elephants, deer, bisons are killed or maimed for their meat and also to protect crops from being damaged. While the poachers go scot-free, the poor farmers and Adivasis who have lost their crops are left without a remedy.
"There are laws which are intended to protect wildlife and the forest dwellers; however, the said laws are not effectively implemented because there is no machinery to ensure the enforcement of the laws. It is said a right recognized by law without a means to enforce it is no right at all, for there can be no right without a remedy. Therefore, it is imperative to bring in a machinery, a tribunal which would act both as an "actor", a supervising machinery to enforce laws and is simultaneously empowered to adjudicate the claims of compensation from farmers who are subjected to loss of their crops, homes and even their very lives", it was argued.
Nedumpara further pointed out that millions and millions of animals are slaughtered as part of religious practices, subjecting them to extreme trauma and pain which causes great amounts of trauma to animal lovers like the Petitioner.
"The Governments have failed to address these issues effectively. There has been a manifest failure to enforce the law as it exists today, for the enforcement of which a writ in the nature of mandamus will certainly lie. There is a great imperative to bring in further legal and administrative measures to alleviate the cruelty as above. Therefore, a writ will certainly lie, seeking a mandamus directing the Government to seriously examine the room for strengthening and improving the existing administrative mechanism", it was pressed.
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