The Meghalaya High Court has requested the Central government to finalise the draft rules under the Prevention of Cruelty to Animals Act, 1960 and the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 as expeditiously as possible within this year.
The division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh in a hearing held on October 23 said that the court cannot direct legislation to be made or initiate legislation itself.
“We only request the Central government to finalise the draft rules as expeditiously as possible preferably not later than 31st December, 2024 and to publish and circulate the same,” the High Court said while hearing a PIL filed by Bakul Narzary and a miscellaneous PIL filed by John F. Rymbai.
The grievance of Narzary and Rymbai, who seeks to be added as a party in the PIL, is broadly that the State government which is entrusted with the implementation of the Prevention of Cruelty to Animals Act, 1960 and the rules should do so strictly in accordance therewith.
Their main complaint is regarding approval for setting up cattle markets and relocation of such markets granted by the State government without proper notice to the stakeholders, lack of proper infrastructure facilities in these markets and so on for maintaining them and non-adherence with the requirements of Rule 8 of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, which prescribes a minimum distance to be maintained from the state border or international border for running these markets.
Additional Advocate General K Khan told the court that the draft rules were in the process of amendment. He said that a draft containing proposed amendments was only available and the rules were awaiting finalisation.
As far as the grievances of Rymbai is concerned, the court said that persons affected are breeders of livestock not meant for trade in the animal market conceptualised of the Act and rules but for agricultural utilisation only.
According to the court, Rymbai has sufficient locus to be interested in this PIL and to espouse the cause of action mentioned in his plea.
The High Court in its order stated that till the draft rules are published, the Registrar General of the court will send a copy of the PIL together with MC (PIL) No.4 of 2024 to the State government.
“The said application shall be considered as a representation before it. This representation must reach the government positively by 12th November, 2024,” the court added.
It also ordered the State government to take a decision by December 15, 2024 on the complaints made in the PIL filed by Narzary and on the application of Rymbai in his miscellaneous PIL and communicate the same to them.
“While taking a decision, it will be open to the government to give the petitioner and the applicant a hearing,” the court said.
Further, the High Court stated that after amendment of the rules, the applications of Narzary and Rymbai should be reconsidered by the government so as to redress of the grievances mentioned in the PIL and miscellaneous PIL in accordance with the amended rules within three months of publication of the amended rules.
