E.SESHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Despite various provisions for prevention of cruelty to animals like the Tamil Nadu Animal Preservation Act, 1958 [for short, "the Act of 1958"]; the Prevention of Cruelty to Animals Act, 1960 [for short, "the Act of 1960"]; the Transport of Animals Rules, 1978 [for short, "the Rules of 1978"]; the Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001 [for short, "the Rules of 2001"]; the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 [for short, "Slaughter House Rules"]; the Prevention of Cruelty in Animals (Regulation of Livestock Markets) Rules, 2017 [for short, "Regulation of Livestock Market Rules 2017"] and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 [for short, "the Rules of 2017"], a series of public interest litigations have been filed making serious allegations of slaughtering of animals in violation of the Acts and the Rules. It is despite the fact that the Apex Court in the case of Laxmi Narain Modi v. Union of India and other, (2013) 10 SCC 227, had laid down certain guidelines, which are to be followed by all the State Governments and Union Territories.

(2.) The facts on record show an alarming situation, which is not only in regard to illegal slaughtering of cows, but even in reference to camels being brought on foot in violation of the Rules of 2001 and their slaughtering at open places in an illegal manner. It can happen only when the administration fails to ensure compliance of the provisions of the Acts and the Rules and does not take timely action against the defaulters.

(3.) One of the writ petitions was earlier disposed of by this Court by an order dtd. 6/4/2022 in W.P.No.11559 of 2015 [People for Cattle in India v. State of Tamil Nadu and others]. The aforesaid writ petition was filed alleging illegal transportation of camels from outside the States like Gujarat and Rajasthan and slaughtering in open places. The Court was assured that immediate steps would be taken against the persons indulging in such practice, which may include even lodging of an FIR for commission of the offences under the Act of 1960.