A bench comprising CJI J.S. Khehar and Justice N.V. Ramana said it cannot direct States to frame laws banning slaughter of cattle.
The Supreme Court of India(SCI)on Friday Jan 27,2017 refused to entertain a plea seeking either a total ban on slaughter of cattle or the framing of a uniform policy to protect and preserve them from slaughtering and smuggling.
A bench comprising Chief Justice of India J.S. Khehar and Justice N.V. Ramana said it cannot direct States to frame law banning slaughter of cattle.
Various orders have been passed by the SCI in the past on measures to be adopted to prevent illegal inter-State transportation of cattle, the bench said, while refusing to entertain the PIL petition filed by Delhi resident Vineet Sahai.
During the brief hearing, counsel for Mr. Sahai referred to inconsistencies in various State laws on slaughter and transportation of cattle.
Mr. Sahai said that in Tamil Nadu and Andhra Pradesh, the statutes were stringent while in the neighbouring Kerala, slaughter was allowed, which led to illegal inter-State smuggling of cattle.
The plea, filed through lawyers S. Usha Reddy and Sarvesh Bisaria, sought a direction to the Centre to frame “a uniform policy throughout India for protection of cattle and to preserve them for all purpose instead of slaughtering them and exporting the said cattle in market, despite the fact that we have the provisions under the Constitution ...to protect and increase our cattle”.
“Some States allow the slaughter of cattle with restrictions like a ‘fit-for-slaughter’ certificate, which may be issued depending on factors like age and gender of cattle, continued economic viability etc. Others completely ban cattle slaughter, while there is no restriction in a few states,” the plea said
It sought “a total ban on slaughtering of milch and draught cattle including calves; or in alternative, issue a writ of mandamus, directing the respondents to frame an uniform policy for banning the slaughtering and preservation of milch and draught cattle which includes calves”.
The court, while hearing another PIL petition, had asked the Centre to frame rules to stop illegal inter-State and inter-nation transportation of cattle.
It was hearing a PIL that had alleged that a large number of cattle was exported illegally to Nepal for Gadhimai festival held once in five years
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