WHETHER ANIMAL SLAUGHTER JUSTIFIED ???

WHETHER ANIMAL SLAUGHTER JUSTIFIED ???

Whether killing of animals or slaughtering of cows is a justified act | This issue was discussed by Supreme Court on 14/10/2020

CASE NAME | MATHEWS J NEDUMPARA V. UNION OF INDIA

FACTS | Petition was filed for prohibition of slaughtering of cows in inhuman manner, poaching of elephants, killing of wild animals for protecting crops and sacrificing of animals for religious practices. Many wild animals are killed or maimed for meat and farmers face problem when animals enter their farms and destroy the crops.


ISSUES INVOLVED

· Prohibition of slaughtering of cows, poaching of elephants and sacrifice of animals for religious practices

· Whether killing of animals for protection of crops is justified.

· That the punishments for violation of provisions of Prevention of Cruelty to Animals Act, 1960, are within very narrow compass and archaic both in terms of consequences of fine or imprisonment.


RELEVANT LEGAL PROVISIONS | Slaughtering of animals specially milking and pregnant cows, calves, buffalo's, goats, poultry is in itself an inhuman act and also amounts to violation of Article 48, 48A, 51A(g) of the Constitution of India.

 The other legislation for protection of animals are

· The Wildlife Protection Act, 1972,

· Animal Welfare Board of India,

· Environment Protection Act,

· The Prevention of Cruelty to Animals Act, 1960 which prevent the suffering of any harm or prevents inflicting harm to animals.


IMPORTANT CASE TO NOTE | In Nagaraja case, the court held that animals also have fundamental right to life and liberty under Article 21.


DECISION OF THE PRESENT CASE | The bench examined different laws protecting animals and held that this is matter of enforcement and therefore executive must take action to implement the provision of laws protecting animals. In relation to 2nd issue court said that it is again within purview of executive to see whether the punishments under Prevention of Cruelty Act are appropriate or not.

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