LAWS(APH)-2002-4-24

RAMRATAN JHAWAR Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On April 19, 2002
RAMRATAN JHAWAR Appellant
V/S
GOVT.OF A.P. Respondents

JUDGEMENT

(1.) Heard Smt. Jayasree Sarathy, learned Counsel for the petitioner and the learned Government Pleader for Animal Husbandry for the respondent.

(2.) The Writ Petition was filed as Public Interest Litigation by the petitioner questioning the constitutional validity of Section 6 of Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 (Act No.11 of 1977) (for short the 'Act) so far as it permits the slaughter of animals mentioned in the Act under certificates given by the competent authority appointed under the Act. According to the petitioner, the Act is not giving effect to the policy enshrined in Article 48 of the Directive Principles in Part IV of the Constitution of India.

(3.) The aforesaid Act makes a declaration that it was passed for giving effect to Art. 48 of the Directive Principles of State Policy. Article 48 prohibits the slaughter of cows and calves and other milch and draught animals. It enjoins upon the State to organise agriculture and animal husbandry on modem scientific lines and also to take steps for preserving and improving the cattle breeds.