The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code. Despite the request for the enforcement of the penal provision by the public at large against the people indulged in the process of degradation of the sensitivities of the children and people taught for adopting the lesson of non-violence by the spiritual personalities and also by the Father of our Nation, the Union of India and the State Government have completely failed to protect the society against the menace of the violence adopted by the criminals. Since rampant corruption is ascending in an alarming proportion and the entire system meant for governing the nation has come to an end by the apathetic attitude of the administration at large, and so for its galloping race could not be halted even though thousands of Acts and Ordinances have been promulgated after the dawn of Independence, the humble applicant is now having no other options except to approach the Hon’ble Court for the enforcement of the fundamental rights guaranteed to every citizen. This representation is filed as a predominating condition for the purposes of exercising the extraordinary equitable jurisdiction of the Hon’ble High Court under Article 226 of the constitution of India.
The provision of laws which are enforceable by the central government in exercise of their power conferred under the provision of prevention cruelity on animals act are enunciated as under;-
The ministry of social justice and empowerment exercising its power under sub section (1) of section 38 of the Prevention of cruelty to animals act 1960 was pleased to promulgate the provision of the Prevention of cruelty to animals (slaughter house ) Rules 2000. It is provided that the slaughter means the killing
Or destruction of animals for the purposes of food and include all the processes and operation perform on such animals in order to prepare it for being slaughtered.
Under rule 2 ( c) slaughter house means where in 10 or more than 10 animals are slaughtered per day and duly licensed or recognized under a central, state or provincial act or any rules or regulations made there under.
Thus the animals not to be slaughtered except in recognized or licensed houses.
It is contemplated under rule 3 of the aforesaid Rules that no person shall slaughter any animals within a municipal area except in a slaughter house recognized or licensed by the concerned authority empowered under the law for the time being in force to do so.
It is submitted that the sub rule (2) of Rule 3 provides that no animal which is pregnant, or has offspring less than three months old, or is under the age of three months or has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered shall be slaughtered.
The municipal or other local authority specified the Central Government for this purpose shall, having regard to the capacity of the slaughter house and the requirement of the local population of the area in which a slaughter house is situated, determine the maximum number of animals that may be slaughtered in a day.
Under sub rule (d) of Rule 2 veterinary doctor is define as registered person under the Indian Veterinary Council Act , 1984. The duties assigned to veterinary doctor are to examine thoroughly not more than 12 animals in an hour and not more than 96 animals in a day and thereafter he is supposed to issue a fitness certificate in the form specified the Central Government for slaughtering an animal. The slaughter house shall have a reception area of adequate size sufficient for livestock of the animal and the corpus of the animal subject to the inspection by the authorized by a veterinary doctor.
There is a further requirement that the separate isolation pens shall be provided in the slaughter house with watering and feeding arrangements for animals for animals suspected to be suffering from contagious and infectious diseases, and fractious animals, in order to segregate that from the remaining animals. The adequate holding area shall also be provided in the slaughter house according to the class of animals to be slaughtered. The adequate supply of the water and feeding facilities is not the only criteria but there shall be the resting ground provided to the animals. Thus the objective enshrined behind the incorporation of these provisions is meant for not only providing a gesture of humanitarian
Criterion, but it is also implemented in order to maintain an equilibrium in the ecology cycle of the nature.
That ahinsah may be central to our world view, Yet millions of animals are battered, blinded, force-fed steroids, dissected, mutilated and eventually killed every year, often for no reason at all. Many more are condemned to a lifetime of backbreaking slavery and then, in their old age, sent off to slaughter houses or thrown out on the streets.
Millions are killed in legal and illegal abattoirs or hunted down as easy game. Superstition and religious rituals take an equally large number of lives. As do myopic development projects. Few notices because animals cannot protest. They cannot protest when they are maimed, tortured, killed , used for experiments and entertainment. Murdered for aphrodisiacs and fake remedies. Forced out of their natural habitats. Scarified to appease the gods.
Hunters, poachers, movie makers, pet shops, circus owners, drugs and cosmetics companies, fast food multinationals, dealers in furs and ivory and leather goods, exporters of live animals and meat have people to back them. Animals do not.
Under Rule 6 it is provided that no animal shall be slaughtered in a slaughter house in sight of other animals. No animals shall be administered any chemical, drug or hormone before slaughter except drug for its treatment from any specific disease or ailment. The slaughter halls in a slaughter house shall provide separate sections of adequate dimensions sufficient for slaughter of individual animals to ensure that the animal to be slaughtered is not within the sight of other animals. Every slaughter house as soon as possible shall provide a separate space for stunning of animals prior to slaughter, bleedings and dressings of the carcasses. Knocking section in slaughter house may be so planned as to suit the animal and particularly the ritual slaughter, if any and such knocking section and dry landing area associated with it shall be so built that escape from this section can be easily carried out by an operator without allowing the animal to pass the escape barrier.
That curbed-in bleeding area of adequate size as specified by the Central Government shall be provided in a slaughter house and it shall be so located that the blood could not be splashed on other animals being slaughtered or on the carcass being skinned. The blood drain and collection in a slaughter house shall be immediate and proper. A floor wash point shall be provided in a slaughter house for intermittent cleaning and a hand-wash basin and knife sterilize shall also be provided for the sticker to sterilize knife and wash his hands periodically.
Dressing of carcasses in a slaughter house shall not be done on floor and adequate means and tools for dehiding or being of the animals shall be provided in a slaughter house with means for immediate disposal of hides or skins. Hides or skins shall be immediately transported from a slaughter house either in a closed wheelbarrow or by a chute provided with self-closing door and in no case such hides or skins shall be spread on slaughter floor for inspection. Floor wash point and adequate number of hand wash basins with sterlizer shall for immediate disposal of legs, horns, hooves and other parts of animals through spring load floor chutes or side wall doors or closed wheelbarrows and in case wheelbarrows or trucks are used in a slaughter house, care shall be taken that no point wheelbarrow or truck has to ply under the dressing rails and clear passage is provided for movement of the trucks. Adequate space and suitable and properly located facilities shall be provided sufficient for inspection of the viscera of the various types of animals slaughtered in a slaughter house and it shall have adequate facilities for hand washing, tool sterilization and floor washing and contrivances for immediate separation and disposal of condemned material. Adequate arrangements shall be made in a slaughter house by its owner for identification, inspection and correlation of carcass, viscera and head.
That under the municipal laws it is illegal to slaughter any animal for meat except in a licences slaughter house, Where a government slaughter house exists such as Idgah or Deonar, killing an animal in any other place is illegal. Licensed slaughter houses have to observe strict ISI rules relating to hygiene and the disposal of waste matter e.g.- The need to be glass fronted to keep off flies, they must have 300 liters of water to wash the chicken etc. Most slaughter houses ignore these rules and operate in the filthiest conditions. A clipping of CMC banning butchers from open display of meat, the transport of meat in open vehicles . Even the chicken stalls in your local markets are illegal. The waste flows into the public sewers and contaminates your water supply, You can complain against them and get them shut down. The municipal commissioner shall provide restriction for running the illegal meat shops and also against killing more than the specified number of animals.
That it is very painful and shocking that these are extremely pernicious cruelty for animals and the milk is very harmful for humans. It is illegal under the Food and Drug Adulteration Prevention Act to give these injections, Find out from the milkman and then inform the police and the people buying the milk and have the dairy closed down.
It is illegal for more than 12 cows / buffaloes per bogey and even then they have to go with an attendant and have to be milk giving cows only,. However all old cattle are being overloaded in the hundreds after paying bribes to the station master . These are sent for slaughter to West Bengal, make friends with a railway employee so that you can be informed when such a thing is happening . You must stop it immediately, take the cattle off and register a case against the station master and the owner of the cattle’s.
That the transport of the animals rules 1978 were amended by the government of India the Ministry of Social Justice and empowerment on 26 Dec 2000 and made available to the public on the 1st Jan 2001 wherein chapter VII and Chapter VIII were inserted. The transport of poultry and pigs by rail or road were prescribed. It is provided that in transport of poultry other than day old chicks and turkey poultry by rail, road or air. The poultry to be transported shall be healthy and in good condition and shall be examined and certified by a veterinary doctor for freedom from infectious diseases and fitness to undertake the journey. Poultry transported in the same container shall be of the same species and of the same age group. Poultry shall be properly fed and watered before it is placed in containers for transportation and extra feed and water shall be provided in suitable troughs fixed in the containers. Arrangements shall be made for watering and feeding during transportation and during hot weather, watering shall be ensured every six hours. Male stock shall not be transported with female stock in the same container.
In transport of poultry by road, rail or air. Wire mesh or a net of any material shall not be bottom for the containers. The container shall be properly secured to avoid pilferage. The following instruction shall be printed on a label and fixed to the lid or printed directly on sides, namely ”Care in Transit”. The consignee shall be informed about the train, transport or flight number and its time of arrival well in advance. Poultry shall not be transported continuously for more than 6 hours and whole batch shall be inspected at every 6 hours interval. The transportation shall not remain stationary for more than 30 min and during this period, it shall be parked kin shade and arrangements shall be made for feeding and watering. All precautions against fire shall be taken and provision of fire extinguishers in transport shall be provided.
In the respect of transport of Pigs by rail or road for the purpose of Chapter-VIII each consignment shall bear a label showing in bold red letters the name, address and telephone number (if any) of the consignor and consignee, the number and type of pigs being transported and quantity of rations and food provided to them. The consignee shall be informed in advance about the train or vehicle in which the consignment of pigs is being sent and its arrival time. The consignment of pigs shall be booked by the next train or vehicle and shall not be detained after the consignment is accepted for booking.
The Calcutta Municipal Corporation (C M C) has already decided to ban open display of beef, mutton, ham, pork and fowl in meant shops from March “It looks cruel and adversely affects the tender feeling of children. Moreover, the scene is often nauseating to thousands of vegetarians .Butchers will now have to make arrangements for walls or thick curtains to ensure that suspended skinned goats or limbs of cows or buffaloes are not visible to people. The restriction were imposed for carrying beef, muttons, meat and pork through carts and rickshaws. It can only be transported in the covered van. Every day many unauthorized slaughtering of cows and buffaloes were witnessed by the vegetarians in the open market but after the restrictions the slaughtering of the animals came to an alarming low preposition. It is submitted that even the alternative arrangement of slaughtering the goats and sheep come to an abrupt halt. The unchecked growth of chicken vendors and having cruelty upon them was becoming a menace to the society and nuisance to the public. It is gruesome to witness chicken being hacked to death and cut it into pieces like the vegetables . It inculcates a sense of cruelty among children as it is done openly in the markets or on the roads. Thus the slaughtering of chicken was also prohibited in the city. Thus the conclusion is inescapable that if the will to protect the innocent animals is in the sentiments of the administration regulating the society, the implementation of legal provisions discuss above is not a difficult phenomenon. The sensitivity of the individual is provoked by the preaching of the great scholars and spiritual identities in every period of the history of our great nations and its tradition. We cannot put aside the sermons of Lord Buddha, Lord Mahavira, Swami Vivekanand, Swami Dayanand Sarasvati and of our father of the nation after getting the independence . There is a need for preservation of valuable heritage and to provide compassionate attitude under the glorious fundamental duties caste upon every citizen under article 51-A (g) of the he constitution of India.
That the government of lndia in the Ministry of Social Justice and Empowerment has further promulgated the requirement for the compulsory registration of the animals performing entertainment to public under the provision performing animals (registration)Rules 2000. The definition of the performing animals contemplated under rule 2 (h) prescribes that an animals which is used at or for the purpose of any entertainment including a film or an equine event to which the public are admirer. Any person desirous of training or exhibiting a performing animal shall, within thirty days from the commencement of these rules, apply for registration to the prescribed authority and shall not exhibit or train any animal as a performing animal without being registered under these rules
The prescribed authority while granting registration may impose such terms and conditions as it deems appropriate and shall impose the following conditions in granting registration namely /- Every owner who has ten or more such performing animals shall have a veterinarian as a regular employee for their care treatment and transport. The owner shall not transport such animals by road continuously for more than 8 hours and except in cages admeasuring as specified in the fifth Schedule. The owner shall ensure proper watering and feeding halts during such transportation. The owner after transportation shall provide feeding and retiring enclosures in respect of the animals specified in the Sixth Schedule. The owner shall ensure that any animal is not inflicted unnecessary pain or suffering before or during or after its training or exhibition. The owner shall not deprive the animal of feed or water in order to compel the said animal to train or perform any trick. The owner shall train an animal as a performing animal to perform an act in accordance with its basic natural instinct. The owner shall not make a performing animal perform if it is sick or injured or pregnant. The owner shall ensure that no sudden loud noise is deliberately created within the vicinity of any performing animal or bring an animal close to fire, which may frighten the animal.
The owner in case the performing animal is to be exhibited under artificial light, the overall intensity of such light shall not be more than 500 LUX. The owner shall not subject the animals to any action, which may either kill or injure or use the animal in scenes that may cause injury to the animals. The owner shall not use any tripping device, wires, or pitfalls for such animals. The animals shall not expose any animal to either burning fire or to fire accidents. The owner shall not keep any animal including horses in close proximity while shooting scenes involving explosives or other loud noises. The owner shall ensure that props such not cause injury to the animals during the performance. The owner shall ensure that the equines are not made to walk on hard surfaces without being shoed and shall further ensure that the animals are not used in downhill slides or rodeo slide stops without proper skid and hock boots. The owner of any equine shall not use any whip other than an air cushioned shock absorbing whip which has been scientifically tested to prove that it will not cause wears, bruising or other damage to the horse and subject to the conditions that- (a) the whip shall not have raised binding, stitching, seam or flap, (b) the whip shall be used by licensed jockeys only. (c) the owner shall also ensure that the whip is not used other than either on the quarters in either the forehand or the backhand position or down the shoulder in the backhand position or use the whip with the arm above shoulder height (d) the whip shall not be used more than 3 times in a race.
The owner shall ensure that the animal is not used on floors that are very smooth without the use of non-skidding mats. The owner shall ensure that large gathering of animals is not allowed in such a way which may cause or result in stampede to the animals. The owner shall ensure that the animal is not made or incited to fight against other animals and shall further ensure that sedatives or tranquilizers or steroids or any other artificial enhances are not administered to or inserted in any animal except the anesthesia by a veterinary doctor for the purpose of treatment of an injured or sick animal. The owner shall ensure that the animal shall not be transported or be kept or confined in cages and receptacles which do not measure in height, length or breadth as specified under the Transport of Animal Rules, 1978, the Recognition of Zoo Rules, 1992 or under any other Act, rule or order for this purpose. The owner shall ensure that the animal is not continuously used for excessive number of takes in shooting a film without providing adequate rest to the animal and in the event of a snake being used it shall not be made to ingest any substances or made to crawl across tarred or any other heatened surface and shall not be contorted to wrestle. The owner shall ensure that while using an animal in shooting a film, the fight sequence shall not be shot in any livestock holding area including poultry area and shall further ensure that no birds are shown in cages. The owner shall inform the prescribed authority at least four weeks in advance informing the place, date and time of the actual making of the film wherein the animal is to be used.
The provisions of aforesaid rules banning the training and exhibitions of an animals formulated under provision of sections 22 of prevention of cruelty animals Act were challenged as violetive of article 14, 19 (1)(g) and 21 of constitution of India before Hon’ble Kerela High Court in N.R. Nair vs. Union of India (AIR 2000 Kerela 340). The Hon’ble High Court was pleased to observe that “It is a fallacy to think that under our Constitution there are only rights and no duties. The provisions in Part IV enable the Legislatures to impose various duties on the citizens. The mandate of our Constitution is to build a welfare society and that object may be achieved to the extent the Directive principles are implemented by legislation.”
If so, in determining the constitutionality of such laws, when enacted, the Court should have regard to the Directives as well as the fundamental duties along with the fundamental rights. The Courts may also look at the duties while interpreting equivocal status which, admit of two constructions and also uphold the constitutionality of a statute the object of which is in consonance with a provision in Article 51 A – vide Mohan v Union of India, 1992 Supp. (1) SCC 594 (AIR 1991 SC 1150). Viewed in the above perspective, the impugned notification has to be upheld as one in furtherance of the object of the fundamental duty of a citizen to have compassion for animals and to refrain from inflicting unnecessary pain and suffering on them.
Progress and retrogression punctuate the story of mankind. Empires have risen and crashed into the dust of history. Civilizations have flourished, reached their peak and passed away. "and yet time has his revolution, there must be a period and an end of all temporal things, an end of names and dignities, and whatsoever is terrene."
The law exists to serve the needs of the society, which is governed by it. If the law is to play its allotted role of serving the needs of the society, it must reflect the ideas and ideologies of that society. It must keep time with the heartbeats of the society and with the needs and aspirations of the people. As the society changes, the law cannot remain immutable. Sydney Smith, said, "When I hear any man talk of an unalterable law. I am convinced that he is an unalterable fool." The law must, therefore, in a changing society march in tune with the changed ideas and ideologies. Legislatures are, however, not best fitted for the role of adapting the law to the necessities of the time, for the legislative process is too slow and the legislatures often divided by politics, slowed down by periodic elections and overburdened with myriad other legislative activities. A constitutional document is even less suited to this task, for the philosophy and the ideologies underlying it must of necessity be expressed in broad and general terms and the process of amending a Constitution is too cumbersome and consuming to meet the immediate needs. This task must, therefore of necessity fall upon the courts because the courts can by the process of judicial interpretation adapt the law to suit the needs of the society.
The cycle of change and experiment, rise and fall, growth and decay, and of progress and retrogression recurs endlessly in the history of man and the history of civilization. T. S. Eliot in the First Chorus from "The Rock" said :
"0 perpetual revolution of configured stars,
0 perpetual recurrence of determined seasons,
0 world of spring and autumn, birth and dying!
The endless cycle of idea and action,
Endless invention, endless experiment".
"It is something to show that the consistency of a system requires a particular result, but it is not all. The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been. and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient; but its form and machinery, and the degree to which it is able to work out desired results, depend very much upon its past."
The framers of our Constitution were men of vision and ideals, and many of them. had suffered in the cause of freedom. They wanted an idealistic and philosophic base upon which to raise the administrative superstructure of the Constitution., They, therefore, headed our Constitution with a preamble which declared India's goal and inserted Parts III and IV in the Constitution.
"It may not be possible to frame an exhaustive definition of what executive function means and implies. Ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away. The Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or branches of the Government have been sufficiently differentiated and consequently it can very well be said that our Constitution does not contemplate assumption, by one organ or part of the State, of functions that essentially belong to another. The executive indeed can exercise the powers of departmental or subordinate legislation when such powers are delegated to it by the legislature. It can also, when so empowered, exercise judicial functions in a limited way. The executive Government, however, can never go against the provisions of the Constitution or of any law. This is clear from the provisions of Article 154 of the Constitution but, as we have already stated, it does not follow from this that in order to enable the executive to function there must be a law already in existence and that the powers of the executive are limited merely to the carrying out of these laws."
The framers of our Constitution did not, however, want to frame for the Sovereign Democratic Republic, which was to emerge from their labour, a Constitution in the strict legal sense. They were aware that there were other Constitutions that had given expression to certain ideals as the goal towards which the country should strive and which had defined the principles considered fundamental to the governance of the country. They were aware of the events that had culminated in the Charter of the United Nations. They were aware that the General Assembly of the United Nations had adopted the Universal Declaration of Human Rights, for India was a signatory to it. They were aware that the Universal Declaration of Human Rights contained certain basic and fundamental rights, appertaining to all men. They were aware that these rights were born of the philosophical speculations of the Greek and Roman Stoics and nurtured by the jurists of ancient Rome. They were aware that these rights had found expression in a limited form in the accords entered into between the rulers and their powerful nobles. For instance, the accord of 1188 entered into between King Alfonso IX and the Cortes of Leon, the Magna Carta of 1215 wrested from King John of England by his barons on the Meadow of Runnymede . He was compelled to- affix his Great Seal on a small island in the Thames in Buckinghamshire - still called Magna Carta Island, and the guarantees which King Andrew 11 of Hungary was forced to give by his Golden Bull of 1822. They were aware of the international treaties of the mid-seventeenth century for safeguarding the right of religious freedom and the rights of aliens.
They were aware of the full blossoming of the concept of Human Rights in the writings of the "philosophers" such as Voltaire, Rousseau, Diderot, Rayal, d'Alembert and others, and of the concrete expression given to it in the various Declarations of Rights of the American Colonies (particularly Virginia) and in the American Declaration of Independence. They were aware that in 1789, during the early years of the French Revolution, the French National Assembly had in "The Declaration of the Rights of Man and of the Citizen" proclaimed these rights in lofty words and that Revolutionary France had translated them into practice with bloody deeds. They were aware of the treaties entered into between various States in the nineteenth century providing protection for religious and other minorities. They were aware that these rights had at last found universal recognition in the Universal Declaration of Human Rights. They were aware that the first ten Amendments to the Constitution of the United States of America contained certain rights akin to Human Rights. They knew that the Constitution of Eire contained a chapter headed "Fundamental Rights" and another headed "Directive Principles of State Policy". They were aware that the Constitution of Japan also contained a chapter headed "Rights and Duties of the People". They were aware that the major traditional functions of the State have been the defiance of its territory and its inhabitants against external aggression, the maintenance of law and order, the administration of justice, the levying of taxes and the collection of revenue. They were also aware, that increasingly, and particularly in modem times, several States have assumed numerous and wide-ranging functions, especially in the fields of education, health, social security, control and maintenance of natural resources and natural assets, transport and communication services, and operation of certain industries considered basic to the economy and growth of the nation.
No institution in the republic has a history so continuous and so successful as that of judicial institution. The normative and the factual aspect associated in legal system are closely interacting with each other. A legal system is playing a role between social ideals and social realities. Judicial institution is not born of a revaluation, but has been evolved gradually by struggle and develop through epochs of toil and tears contributed by the members of the Bar. This is like a transformation of a tree from the seed.
Judicial review has I think developed to a stage today when without reiterating any analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds on which administrative action is subject to would call ’illegality’ the second ‘irrationality’ and the third ‘procedural impropriety’ That is not, to say that further development on a case by case basis may not in course of time add further grounds. I have in mind particularly the possible adoption in the future of the principle of ‘proportionality’ which is recognized in the administrative law of several of our fellow members of the European Economic Community; but to dispose of the instant case the three already well established heads that I have mention will surface.”
“No citizen has a fundamental right to trade in ivory or ivory articles, whether indigenous or imported. Assuming trade in ivory to be fundamental right granted under Article 19 (1) (g), the prohibition imposed thereon by the impugned Act is in public interest and in consonance with the moral claims embodied in Article 48 A of the Constitution; and the ban on trade in imported ivory and articles made therefrom is not violative of Article 14 of the Constitution and does not suffer from the mala fides namely, unreasonableness, unfairness and arbitrariness.”
This judgement has been affirmed by the Hon’ble Supreme Court in N.R. Nair and others v Union of India (2001) 6 S.C.C 84. The Hon’ble Supreme Court has helped that keeping the Preamble of the Act and Section 24 in view it is clear it is the welfare of the animals which is of paramount consideration and it is only if the Government is satisfied on the basis of the materials on record that unnecessary pain or suffering is inflicted on an animal during the course of training or at the time when it is exhibited that a notification under Section 22/(II) is issued. Implicit in Section 22 is the necessity for the Government to come to the conclusion that if a notification under the said section is not issued there would be unnecessary pain or suffering in the training or exhibition of the animals. The existence of the said fact is precondition to the issuance of the notification. Therefore, the power contained in Section 22 cannot be said to be unguided. In exercise of judicial review, neither the High Court nor the Supreme Court can go into the correctness of the decision of the Government in issuing the impugned notification. The Govt. cannot be said to have acted irresponsibly or have not taken into account all the evidence which was placed before it and the High Court has referred to extracts thereof which shows the manner in which the animals are trained or ill-trained. Thus the impugned notification is within the parameters of the Prevention of Cruelty to Animals Act.
In the context of our national dimensions of human rights, right to life, liberty, pollution, free air and water is guaranteed by the Constitution under Articles 21, 48A and 51 (g), it is the duty of the State to take effective steps to protect the guaranteed constitutional rights.
"Democratic and aristocratic States are not in their own nature free. Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there only when there is no abuse of power. But constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go. Is it not strange, though true, to say that virtue itself has need of limits?. In every government there are three sorts of powers : the legislative the executive in respect of things dependent on the law of nations and the executive in regard to matters that depend on the civil law..
No right is absolute in a welfare state. Man is a social animal . He cannot live without the cooperation of large number of person. Thus when there is a clash between two fundamental rights, the right which would advance the public morality or the public interest would alone be enforced through the process of Court. Moral consideration can be kept at bay. Judges are not excepted to sit at mute structures of clay in the hall known as Court Room, but have to be sense that they must keep their finger firmly upon the pulse of the accepted morality of the day.
"The functions of Government under our system are apportioned. The legislative department has been committed the duty of making laws; to the executive the duty of executing them : and to the judiciary, the duty of interpreting and applying them in cases properly brought before the Courts. The general rule is that neither department may invade the province of the other, and neither may control, direct, or restrain the action of the others." It is also well to remember that freedom depends upon the separation of three organs of the State.,, Each must function within its own domain and remain distinct.
. Judicial review of the administrative action or inaction where there is an obligation for action should be with caution and not in haste. Its sense of priority it has determined, there may have been certain lethargy and inaction. It has been said by Adam Smith in his 'Wealth of Nation' that whenever you see poverty widespread rest assured that either of the two causes must have operated, either energy has not been applied or energy has been misapplied.
"The judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to "the primordial necessity of order in the social life." Wide enough in all conscience is the field of discretion that remains."
The judicial system is based on the cooperation of the administration. It is well settled preposition of jurisprudence that every right has a corresponding duty upon the enforcing agencies regulated by the sovereignty of the State Government. Thus the enforcement of the provisions of the law and statutory provision is not only the responsibility of the Hon’ble Courts meant for the enforcement of constitutional right but it is an elementary duty of the official assigned with the responsibility make the enforcement of the Public order. There is a comedy of error in our celebrated principles that those person who are made accountable for the enforcement of law, are themselves violative the public order for extraneous consideration.
Certainly judicial institutions must reflect the traditions, ideals and assumptions, and in the end must respond to the needs, claims and expectations of the social order in which they operate. They must not and ultimately cannot, move too far ahead or lag too far behind. The problem for the Supreme Court is one of finding of the proper degree of responsiveness and leadership or perhaps better, of short-term and long-term responsiveness. Yet, in seeking out this position the Court should not under-estimate the authority and prestige it has achieved over the years. Representing the conscience of the community" it has come to possess a very real power to keep alive and vital the higher values and goals towards which our society imperfectly strives Given its prestige, it would appear that the power of the Court to protect freedom of expression is unlikely to be substantially curtailed unless the whole structure of our democratic institutions is threatened"
The Court of law has become the mute spectator of the melody prevalent in the society in absence of fixing accountability of such officer who are guilty of violating the law. There is no fear in the mind of the public. The invasion of law is common phenomenon. The people have given up there basic instinct for the enforcement of social obligation and rather they have now dragged in the process of participating with such person who are the offender and invaders to the society at large. Thus the entire society has now become an association of dreaded criminals. There is no frustration in the mind of the public at large even to go behind the bar of jail if the same is having the attractive venture for the purposes of getting the predomination in the society.
The Constitution enshrines and guarantees the rule of law and the power of the High Courts under Art. 226 (which is equally true of Art. 32) is designed to ensure that each and every authority in the State, including the Government acts bona fide and within the limits of its powers and that when a Court is satisfied that there is an abuse or misuse of power and its jurisdiction is invoked, it is incumbent on the Court to afford justice to the individual. The Court further observed that in such an event the fact that the authority concerned denies the charge of mala fide, or asserts the absence of oblique motives or of its having taken into consideration improper or irrelevant matter, does not preclude the Court from inquiring into the truth of the allegations made against the authority and affording appropriate relief to the party aggrieved by such illegality or of use of power in the event of the allegations being made out.
There is a growing body of authority, attributable in large part to the efforts of Lord Denning, to the effect that in some circumstances when public bodies and officers, in their dealings with a citizen, take it upon themselves to assume authority on a matter concerning him, the citizen is entitled to rely on their having the authority that they have asserted if he cannot reasonably be expected to know the limits of that authority; and he should not be required to suffer for his reliance if they lack the necessary authority."
The police force which was once being considered to be the protector of the public at large has now starting acting in a manner as it has now meant for ruining the society. There is a fear in the mind of the public even to pass through the police station as they have their genuine apprehension that they may be booked in some false cases. This is the reason why the people has now taken the resort to approach the Hon’ble Court even for the enforcement for the such rights having the sanctity of law. This representation is given in anticipation that the higher authority under the benevolent jurisdiction may rise to the occasion as the applicant may not be enforced to seek the protection against the redress of their grievance for the enforcement of law of prevention of cruelty of animal through the court of law.
The humble applicant without attributing any aspersion upon the administration is concerned with the aspect of maintaining any equilibrium in the environment by protecting the animals who are not only our friend for the ecological cycle of the nature but the human being is also dependent upon them. The foundation of the country are based on the principle of non-violence and compassionate attitude towards the life of defenseless innocent animals. The slaughter of an animal by the human being shows the aggressive trend of some irrational tendency of cruelty. Ultimately such country who have no policy for extracting the meat and other means of preparing the non-vegetarian dishes for pacifying the appetite of the taste have faced the desert and other natural calamity. This is not a matter of faith or ideology of any religion to commit an offense of the slaughter in an unsystematic manner but ultimately the instinct of killing is a crime. Thus the government is duty bound to respect the laws prohibiting any such cruelty of the innocent birds and cattle’s on the public street. There is also a danger of inviting a trouble of psychological depression in the mind of a child who has been born in the atmosphere of live and let live based on non-violence. Thus kindly implement the proper application of the provision of the law just to save the cruelty on animals.
This country has given so many scholar professing the slogan of non-violence upon the weaker animals. There are instances when an animal was found to be more coordinate and disciplined then the human being in the society. There is crime committed by the animal upon other animal. It is always found that whenever the man has shown himself to be an aggressor, it is only in such situation that the animals have hurted the human being and in that process sometime the fatal injury would have been resulting in the death of the human being. However on the comparative assessment of the situation it is always found that the attempts made by the animals upon the life of human being are to a very limited extent in compared to the attack made by the human being. Thus it is also the right of conscience, faith and religion of the other vegetarian human being conferred under Article 25 of the constitution of India which is flauted by the inaction of the part of the public administration in this regard.
Thus the applicant expect that after receiving this representation the humble and bonafide authorities assigned with the responsibility of saving the transquality, peace and harmony in the society may rise up to the extent of making the enforceability of legal provision contain under the prevention of cruelty upon animal act. Each soul is potentially divine. The divinity is within one’s nature either external work or philosophy or internal by worship or meditation. Sometime the human being is blessed with both the virtues. This is the ultimate goal of life and since the religion represent itself the society by an artificial creation of God, the God and Goddess of Hindu religion are having the symbolic resemblance as identical to God existence. This is why the rivers, trees, plants and animals including the Cows are worship in home of every Hindu. It is significant that even the poisonous are respected by the people at large with the same spirit as there were worshipping of the God. Thus the directions may be issued for the purposes of enforcement of the legal provision to the sub-ordinate authority and any person indulge in the infringement of such guideline may be dealt with by appropriate imprisonment. The licence of the slaughter house may also be revoked by the authority.
Thus it is most respectfully submitted that your Honour may graciously be pleased have the effective enforcement of the provision of the law in this regard. The applicant has submitted this representation in anticipation of the redress of his grievances failing which the applicant may have no other options except to approach the Hon’ble Court for the enforcement of the rule of law in the society. The appropriate remedy of filing the public interest litigation will be the only recourse open with the applicant in this regard.
YOGESH KUMAR SAXENA, ADVOCATE, HIGH COURT, ALLAHABAD.
R/o -H. I .G. 203, Preetam Nagar, Sulem Sarai, Allahabad, U. P., India.
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