The Meghalaya High Court has given four weeks to the State government to file a detailed affidavit on the steps taken to enforce the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, the steps taken by the government in accordance with the Prevention of Cruelty to Animals Act, 1960 and a clear timeline within which the Rules would be implemented.
The High Court also directed the State government to also take appropriate measures in terms of the Transport of Animals Rules, 1978 and Rule 125E of the Central Motor Vehicle Rules, 1989.
The order was issued by the division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh on a public interest litigation filed by Gau Gyan Foundation, an organisation involved with cow protection in India.
Under the Prevention of Cruelty to Animals Act, 1960 and the rules and notifications made under the law, there is a minimum degree of dignity and comfort which has to be given even to animals that are culled.
Further, the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 require the constitution of the district animal market monitoring committees, the constitution of animal market committees, the registration of existing animal markets, the procedure for establishment of new animal markets and the functions of the district animal marketing market monitoring committees. Such functions include the obligation to ensure certain minimum requirements in animal markets.
These minimum requirements cover aspects such as housing, shade, feeding troughs, water tanks, lighting, ramps, veterinary facilities, toilets, provision for disposal of dead animals, provision for ensuring hygiene and removal of manure and bio-waste and separate enclosures for different animals among others.
“It does not appear that any mechanism in terms of the said Rules of 2017 has been put in place in the State………The State is not able to indicate immediately as to whether any steps have been taken here in terms of the said Rules of 2017 or, indeed, if there is any department which may have been entrusted with the responsibility in such regard,” the High Court said.
“It is imperative that a regime be set up in the State to ensure better treatment of animals, particularly those that are transported, those that are brought to any marketplace, the manner in which the animals are culled and to ensure humane and hygienic conditions at all stages and places,” the court said adding that an appropriate mechanism should be put in place “as expeditiously as possible”.
Giving four weeks to the State government to file a comprehensive affidavit on the matter, the High Court has fixed June 14 for hearing of the matter.
The petitioner (Gau Gyan Foundation) maintained that as per the orders passed by the Supreme Court pertaining to the treatment of animals, a veritable right to live with dignity has also been conferred on animals, particularly on how animals are treated by humans in this country.
In particular, the petitioner referred to a notification of May 23, 2017 by which the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 have to be implemented.
