STATUS OF IMPLEMENTATION OF RULES
PETA ( People for Ethical Treatment of Animals) have filed the Writ Petition in the Supreme Court of India with regard to several violations of different Acts & Rules of Union & State Governments in transportation, inspection and Slaughter of Animals. PETA has listed Union of India, Animal Welfare Board of India & all the States in India as the respondents.
The prayer in the Writ Petition (Civil) No. 44/2004 includes the following:
1. The State Governments to appoint statutory societies in the Districts for prevention of PAIN & SUFFERING of animals as mandated by PCA (Establishment of S.P.C.A.) Rules, 2001
. Animal Welfare Board of India to nominate persons and / or animal welfare organization under the Rule 9 of PCA (Slaughter House) Rules, 2001, to check illegal transportation of animals by road or rail or on foot and to inspect the Slaughter houses in their respective Districts and submit it’s report
3. Respondent 3 to 36 (States) to ensure that animals meant for slaughter conforms to transportation of Animals Rules, 1978 and PCA (Transportation on Foot) Rules, 2001
4. Respondent 3 to 36 (States) to ensure that slaughter is conducted only in licensed / recognized slaughterhouses in their respective Municipal or local authority area, and to shut down all unauthorized slaughterhouses.
5. Respondent 3 to 36 (States) to ensure that all slaughter houses are in conformity with the provisions of PCA (Slaughter House) Rules, 2001 and to close down all other slaughter houses as may be specified by Hon’ ble Court.
6. Respondent 3 to 36 (States) to ensure that an animal is not slaughtered within the sight of other animal. Animal, which are pregnant, delivered with in 3 months, or under the age of 3 months or Certified by the Veterinary Doctor as unfit for slaughter should not be slaughtered.
7. Respondent 3 to 36 (States) to ensure that only authorized or licensed persons above 18 years of age) free from infectious or contagious diseases are employed in slaughterhouses.
8. Respondent 3 to 36 (States) to ensure that reception area, resting grounds and lair ages are made available and 24 hours resting time allowed prior to slaughter as per Rules.
9. Respondent 3 to 36 (States) to ensure that sufficient number of Veterinarians is appointed for ante mortem & post mortem certification.
10. Penal clause in case of non-conformity to Rules and Regulation, as may be ordered by Hon` ble Supreme Court of India.
Honorable Supreme Court of India issued directions Animal Welfare Board of India (AWBI) as under“ In respect of the States of Kerala and Karnataka, A.W.B.I shall conduct in detail , examination of the Slaughter Houses and file report placing on record the state of affairs of the Slaughter houses and the compliance of the Rules aforesaid. The State Governments / Municipal Corporations and other concerned authorities were directed to fully co operate with A.W.B.I.”
Secretary, Animal Welfare Board of India vide letter No. 9-5/2005 PCA DT. 8th November, 2006 informed to The Secretary- Civil Administration, Secretary Animal Husbandry & Director Animal Husbandry - Government of Karnataka that Chairman AWBI has approved the inspection of Slaughter houses by Mr. S.K. Mittal Member AWBI, a representative from an organization called Compassion Unlimited Plus Action (CUPA) Bangalore, & and requested the undersigned for necessary coordination. Same request was sent Vide letter No. 9-5/ 2005/PCA DT. 14.11.2006. to Director Municipal Administration,.
Sri G. Raju Prem Kumar IAS Principal Secretary Animal Husbandry Government of Karnataka requested Commissioner, Bangalore Mahanagara Palike, Managing Director KAMPCO (Under Closure) & Principal Secretary, Urban Development, Govt. of Karnataka, requesting them informing about and requested to furnish all required information to Mr. S. K. Mittal As time given by Honorable Supreme Court of India was running very fast and as until 27th December, there was no information was received, undersigned spoke to both respected Principal Secretaries and requested for their stand.Both the Respected Principal Secretaries responded and assured their fullest co-operation. Principal Secretary Urban Development Smt. Lakshmi Venkatachalam IAS, deputed Sri B.P. Kaniram IAS Director Municipal Administration for co ordination and information & Principal
Secretary Animal Husbandry & Fisheries Sri G. Raju Prem Kumar IAS sent the communication to Director General of Police, Deputy Commissioners of all 27 Districts etc for necessary arrangement & protection. Director Municipal Administration, provided List of Slaughter houses under Municipal Administration & showed his inability for the details of Slaughterhouses functioning under Rural Development & Gram Panchayat Dept.
Inspection was started and 1st Slaughter house was visited on 29th December, 2006 early morning at Mysore jointly with DY. Director Animal Husbandry, Mysore. Chamarajanagar, Mercara, Mandya & Bangalore Districts were inspected on 29-30-31st December,06, As one licensed slaughter house was informed functioning at Mohamed Sait Block, in Mysore, inspection program was fixed with DY. Director Animal Husbandry, Mysore & In Charge Health Officer Mysore City Corporation.
DY. Director AH was requested for necessary Police protection as Mohamed Sait Block, is known notorious area & where number of illegal slaughterhouses are reported functioning. HOWEVER, Reason what so ever, Police protection was not arranged, and as it was destined, during the inspection, hundreds of miscreants gathered there and attacked. We could escape & could saved our lives BUT Camera & Reels were snatched, was & was damaged undersigned’s Car by stone platting.
FIR NO.1/07 Dt. 2.01.2007 was lodged at Lashkar Mohalla PS U/S.IPC 143,341,353,392,427506 read with 149. Camera was recovered next day but all other accessories & Photo reels having photographs of Mercara, Chamarajanagar, Mandya & Mysore Mohamed Sait Block were lost.
It was a sudden incident and inspection was discontinued. Undersigned reported the matter to AWBI & it was reported by the AWBI Council to the Honorable Supreme Court. Chairman & all the members showed their deep concern and took the issue with Hon’ble Chief Minister& Chief Secretary government of Karnataka for necessary action and protection. Undersigned proceeded to Kerala for inspection of Kerala Slaughter houses.
On 11th January, 2007 on communication was sent to both Respected Principal Secretaries requesting deputation of State level officer for Joint inspection, Escort & security during the inspection etc for continuance of inspection process. Directorate of Animal Husbandry issued G.O order NO. DAH:PS:CR-9/2006-07 DT.12-01-2007 and deputed Additional Director DR. JOSHWA & Director General of Police was again requested for providing necessary protection.
Additional DGP Sri Shankar BidriIPS issued order NO. L&O/MISC/10/2007 DT.17.01.2007 to all Commissioner of Police & Superintendent of Police of Districts under inspection to provide necessary protection.
Tour program was chalked out and re started on 18th Jan., 2007.Slaughter houses in 23 Out of 27 Districts of Karnataka State are totally inspected & District Officials were met to get the status of implementation of Rules. Representative of CUPA Mr. Shantha Kumar accompanied at many places and Mr. Rajesh Agarwal Joint Secretary Akhil Karnataka Gauraksha Sangh ® & Mr. Kamal Agarwal Joint Secretary Pushpanjali ® joined at many places apart from Dr.M. JOSHWA and District in charge DY. Director Animal Husbandry & Vet. Services of respective Districts. conducting the inspection of Slaughter houses along with AWBI Representatives.
Inspection was generally conducted as per list provided by Directorate of Municipal Administration BUT list of slaughter houses functioning under Gram Panchayat is not provided at all. Though Tour was very hectic but thanks to co operation from State & District officials & Municipal Corporations, it was completed successfully. My sincere thanks to Honorable Supreme Court for giving opportunity and to our beloved Chairman Maj. Gen (Retd). Dr. R.M. KHARB AVSM for time to time guidance & support. Special thanks to all my fellow inspection team members, & to all known & unknown, who provided helping hands in this task.
SILENT STATE FEATURES
Karnataka is 6th largest State in India with an area of 1,91791 SQ. KMS. It has 27 Districts, 176 Taluks, 745 Hoblies, 5663 Grams Panchayaths &27481 in habited Villages. 1925 Uninhabited villages, 270 Towns, Cities & Urban agglomerations. Forming a part of Deccan Plateau of India, it has coastline of 300 KMS. Arabia Sea in the West, The State of Maharastra in the North, Andhra Pradesh & Tamilnadu in East & Tamilnadu and Kerala in the South bound Karnataka.Population of the State is nearing 60 Millions. The following Chart shows the Details of different level administrative divisions and details of Slaughter houses In the State
STATEMENT OF TALUKS, BLOCK & GRAM PACHAYATS, TOWN MUNICIPALITIES, CITY MUNICIPALITIES & CORPORATIONS & SLAUGHTER HOUSES IN KARNATAKAAS PER SURVEY REPORT & LIST PROVIDED BY DIRECTORATE OF MUNICIPAL ADMN
STATEMENT OF TALUKS, BLOCK & GRAM PACHAYATS, TOWN MUNICIPALITIES, CITY MUNICIPALITIES & CORPORATIONS & SLAUGHTER HOUSES IN KARNATAKAAS PER SURVEY REPORT & LIST PROVIDED BY DIRECTORATE OF MUNICIPAL ADMN
Observation : 1. No list was made available by Rural Development & Panchyat Department . 2. in the above numbers Meat Stalls are also included. It is very difficult to ascertain the actual number of Slaughter houses According to LIVESTOCK CENSUS- 2003 in the STATE the population of Cattle is 95.96 Lakhs, Buffaloes 40.24 Lakhs Sheep 72.72 Lakhs following Chart shows the District wise details of Live Stock
STATEMENT OF DISTRICT WISE LIVESTOCK AS PER SAMPLE SURVEY REPORT
OF GOVT. OF KARNATAKA FOR THE YEAR 2005-06
As per details of Writ Petition and applicable State & Union Acts & Rules, a tour program was decided. As Honorable Court Directions were very clear i.e.
1) Inspection of Slaughter houses &
2) Status of implementation of different statutory provisions.
So, Team planned to have one to one discussion at Dy. Commissioners of the District office inviting Police, RTO, APMC, AH & VS, Pollution Control, Zilla Panchayath, Municipal Administration etc. officials. These meetings were taken at 17 Districts thanks to Dy. Commissioners of these Districts
Objective and basis of Inspection As per WP (Civil) 44/
· PAIN & SUFFERING of animals.
· Methods of transport of animals
· Availability of resting area and lair age
· the transportation of animals by road or rail or on foot,
· Statutory societies in the Districts
· slaughter is conducted only in licensed / recognized slaughter houses in their respective Municipal or local authority area,
· slaughter houses are in conformity with the provisions of PCA (Slaughter House) Rules, 2001
· ensure that an animal is not slaughtered within the sight of other animal. Animal which are pregnant or delivered with in 3 months or under the age of 3 months or Certified by the Veterinary Doctor as un fit for slaughter
· only authorized or licensed persons ( above 18 years of age) free from infectious or contagious diseases are employed in slaughter houses.
· reception area, resting grounds and lair ages are made available and 24 hours resting time allowed prior to slaughter as per Rules.
· sufficient number of Veterinarians are appointed for ante mortem & post mortem certification.
· Implementation of different State & Union Acts & Rules on animal supply, transport, slaughter houses, sale of carcass, effect on health and hygiene of consumer and exchequer.
Acts and Rules governing Slaughter house in Karataka and supply & Transportation of animal to Slaughter houses, Sale of Carcass, disposal of liquid & solid waste etc.
v Prevention of Cruelty to Animal Act, 1960
v PCA Act -Transportation of Cattle Rules, 1978
v PCA Act- Transportation of animal Rules 2001
v PCA Act- (Transportation of animals on Foot) Rules 2001
v PCA Act (Slaughter Houses) Rules, 2001
v PCA Draught & Pack Animals Rules ,1965
v PCA (Establishment & Regulation of SPCA) Rules, 2001
v Karnataka Prevention of Cow Slaughter & Preservation of Cattle Act, 1964
v Indian Penal Code 1860 427 & 429 & 153-A
v Motor Vehicle Act, 1988 Karnataka Motor Vehicle Rule, 1989 Rule No. 74
v Karnataka Agro Produce Marketing (Control) Act, 1966
v Karnataka Municipality Act, 1964
v Karnataka Pollution Control Act & Rules
v Hon’ble Supreme Court Order DT. 29.03.05 in W.P. (Civil) No.309/2003
v Lakshminaryan Modi Vs. Govt. of India & others.
1. 60% population out of app. 60 million population of State of Karnataka, is estimated as consumer i.e. more than 36 million citizen are reported consuming Beef or Mutton. On the basis of mere 3.5 KGS every month or say 40 KGS / year. It comes to 14,40,000 MT. 50% is estimated mutton & 50 % Beef . As per this assumption 7,20,000 MT Mutton & @. RS. 150 per KGS i.e. RS. 10,800 Crores & 7,20,000 MT Beef @. RS. 80/- per KGS i.e. RS. 5760 Crore or total RS. 16,560 Crore / year. Apart from huge Export turnover.
2. To get 7,20,000 MT Mutton app. 48.50 million Goat & Sheep and to get 7,20,000 MT- Beef app. 3.60 million Cattle are slaughtered in registered – unregistered – Licensed – Unlicensed – Legal – illegal – Civic administration – Gram Panchayats slaughter houses. Apart from illegal smuggling of animals to neighboring Kerala & other States.
3. There is prohibition on slaughter of Cow Calf & Calf of She Buffalo under Karnataka Prevention of Cow Slaughter & Cattle Preservation Act. 1964. as Clear violation of this Act observed in whole State
4. CRUEL INTER STATE CATTLE TRANSPORTATION As Kerala state do not have live stock to meet this huge requirement. So, State is transporting Live Stock from nearby States. & Transportation of animals violating provisions of Prevention of Cruelty to Animal Act, 1960 PCA Act -Transportation of Cattle Rules, 1978, PCA Act- Transportation of animal Rules 2001, Indian Penal Code 427 & 429 & 153-A, Kerala Motor Vehicle Rule, 1989 Rule No. 197 etc seen in whole STATE. In spite of presence of RTO, POLICE, APMC, Animal Husbandry etc. officials,
5. Presence of brokers and Cattle dealers can be seen in most of 141 APMC yards (weekly Mundi ) Regular offenders transporters can be seen loading animals in trucks in GROSS violation of all applicable Acts & Rules.
6. In discussion at different District Head Quarters and State officials, RTOs invariably accepted non implementation of RULE 74 of Karnataka Motor Rules, 1989 . i.e. a visible crime that there shall be space of 2 Sq. Mtr for each animal & this provision restricts the loading of 4 to 5 animals in each truck. BUT more than 10 thousand Trucks are reported crossing Kerala-Karnataka Boarder every month.
7. Animal Husbandry Department officials are found issuing Health Certificates in GROSS violation of Transport of Cattle Rules of PCA Act. 1978 & 2001. Official figure of 2005-06 crosses 7,00,000 heads of Cattle inter state transportation traveled to Kerala alone on the basis of these Health Certificates. Few are here as under. On examination we find issuance in total violation and even for 22 Cattle
8. Societies for Prevention of Cruelty to Animals (SPCA) are registered and even Karnataka State Animal Board is formed. BUT all these bodies have not started functioning. Most of them exist only in Files. The concept was very nice that District collector shall be the Chairman and so on. even to meet, a person who is heading 150 or more Committees and having number the responsibility, is a problem. No norms are fixed for working, no fund allocation or budgetary grant is provided to these statutory bodies. Most of these Societies are found defunct in whole State.
9. Inspection of Slaughter house : as per list provided by Directorate of Municipal administration, Slaughter house were physically visited . Individual Inspection Report with Photos, is annexed for the appraisal of honorable Supreme Court . Condition, as mentioned below, is observed at all the places.
10. Most of the official Slaughter houses working under the control of bidders / contractor. The bid amount per year is found very negligible say few thousands / per year. Where as responsibility of maintenance , Ante Mortem, Post Mortem etc lies with Civic administration.
11. Unlicensed Slaughter houses are reported in each and every corner of the State
12. Normal Slaughter house functioning starts early mornings. In most of the Slaughter houses, it ends before 8 AM morning. As Slaughter houses are located in residential areas and animal dealers / slaughter house contractors / meat stalls owners are localized in the same area, animals are brought same house day morning for slaughter.
13. No resting time of minimum 24 hours is observed in any Slaughter Gross violation of PCA (Slaughter House) Rules is observed.
14. Water is important element required in plenty in this industry, and this facility is found lacing in most of the Slaughter houses. They are dependent on bore well or Municipal supply line.
15. Drinking water facilities are available through Tap water. Many places, it is used for other purposes.
16. Separate enclosures for different species of animals are not available in most of Slaughter houses.
17. Slaughtering in the presence of other animals was the general scene in almost all the Slaughter houses which is a great violation of PCA Act.
18. Halal is the uniform method adopted in all the Slaughter houses. Sticking ( cutting the major blood vessel in throat ) is the method adopted in all the Slaughter houses and blood is collected in small vessels at many places. It is reported sold to illicit liquor manufacturers at many places otherwise thrown in public drainage.
19. Skinning and hiding of animals are done mostly on the floor though hangers / hooks are seen at many places.
20. Health Checkup of Butchers is not in practice. There is no age bar also witnessed. There is no notified regulation in implementation in whole State.
21. The butchers & other persons were found using water in the tub / tank. At most of the places, no wash basin, bathroom etc were found.
22. Facilities for inspection of CARCASS and VISCERA is not found in any Slaughter house.
23. The Skin & hide, Offal, horn, and hooves are collected & disposed same day.
24. Flooring and walls even in slaughtering hall are only Cemented. At some places, in spite of washing, blood could not be washed. This inspection was not a surprised one. So, every where a trial was made to show high cleanliness. BUT a place which is not cleaned since years, can not be cleaned in one day or by sprinkling bleaching powder.
25. Solid waste is found dumped in the back yards. Most of the places, it is removed by Municipal Trucks on periodical basis. Bad smell was a normal complaint from the neighbors.
26. Blood and other liquid waste is seen drained through public drainage system. Open flowing was also seen at many places. Maintenance of Sanitation ad Hygiene by the Civic authorities were found to be lacking.
27. Gross violation of Prevention of Cruelty to Animal Act, 1960, PCA Act (Slaughter Houses)Rules, 2001, Karnataka Prevention of Cow Slaughter & Preservation of Cattle Act, 1964 Indian Penal Code 1860 427 & 429 & 153-A Karnataka Pollution Control Act & RulesHon’ble Supreme Court Order DT. 29.03.05 in W.P. (Civil) No.309/2003 Lakshminaryan Modi Vs. Govt. of India & others. is observed.
28. It can be called as failure of System & Government machinery under some invisible pressures and a short of MAFIA is running the trade. This Trade of app RS. 1,700 Billion / year is under no Tax net. All statutes are failing in this industry. Result
29. This is resulting apart from violation of all Acts, Rules & Hon’ble Supreme Court Directions and resulting in supply of unhygienic food to more than 35 million consumers of the Karnataka State. It may result is very bad health hazards.
30. Hygiene condition of all the Slaughter houses are very poor, as can be seen in different photographs. Most of the slaughter houses are situated in residential vicinities, using same drainage system, polluting whole area and Ground Water Level.
31. As per Sample Survey Even Government Report Number is 3168 BUT surprisingly includes number of Meat Stalls also. OF COURSE number is much higher because every where illegal unauthorized Slaughter houses are reported even by Government officials. There is no single slaughter house in SINDUR as per records, but as a SAMPLE, we visited at least 20 Houses where Slaughtering is regularly done. There is no restriction of Small or big animal COW or OX. Public information crosses these numbers to 10,000..
32. , 90% demand of Consumers is being met by these illicit Slaughter houses in violation of all applicable State & Central Acts & Rules. Apart from violation of different statutory provisions, of health & hygiene of consumers, workers & neighbors is at STAKE.
33. One big reason is felt unaccountability. The traders, involved in this trade whether bringing animals from other States or getting slaughtered, or selling carcass in Meat Stalls, are not in any kind of Tax net, nor in any other statutory Check. They are getting control of slaughter houses also in auction, without any binding on them for maintenance, Ante Mortem or Post Mortem, waste management, Cleanliness, etc. Operation Records were not found in most of the Slaughter houses.
34. Ante Mortem & Post Mortem of the animals and Carcass system is invisible even in so called authorized Slaughter houses. The carcass used by millions of consumers is resulting in supply of unchecked contaminated food. Sign of diseases like Anthrax, Chicken Guinea are reported. This needs immediate attention of all concerned.
35. At some Slaughter houses, Veterinary officials of Animal Husbandry Department are called by Civic authorities either on petty honorarium or as an additional duty. Each Ante Mortem & Post mortem takes at least 5 minutes and animals are brought for slaughter same morning, than practically, one Vet. Doctor can not check animal more than 50 in a day. Whereas, in many Slaughter houses number crosses even 1000 animals / day. When Mysore City Corporation Health Officer in charge of Slaughter houses, was asked about Ante Mortem was his REPLY, “ Just I put a sight on the Animal Group and not fit, if any, is turned out. He was silent, When asked about record of Rejected animals, and marking of rejection and was he surprised when kinder lambs below 3 months age were shown and Photograph were taken.
SUMMARY OF OBSERVATIONS
v PAIN & SUFFERING of animals.? Yes Very painful. Complete violation of PCA ACT seen in all the slaughter houses.
v Methods of transport of animals ? Very Cruel.
v Availability of resting area and lair age ? At few places. There also not used as per statutory requirements
v the transportation of animals by road or rail or on foot ? By Road Transport & on foot- Complete violation of PCA Transport of Cattle Rules & Karnataka Motor Vehicle Rule 74 is observed
v Statutory societies in the Districts ? . District SPCA & State Animal Welfare Board are constituted. But not functioning – as required
v Slaughter is conducted only in licensed / recognized slaughter houses in their respective Municipal or local authority area ? No- Even State Government accepts existence of unlicensed Slaughter houses though all Beef & Mutton Stalls are counted as Slaughter houses
v Slaughter houses are in conformity with the provisions of PCA (Slaughter House) Rules, 2001? NO Gross violation is seen
v Ensure that an animal is not slaughtered within the sight of other animal Animal which are pregnant or delivered with in 3 months or under the age of 3 months or Certified by the Veterinary Doctor as un fit for slaughter ? No. Not observed. No control on pregnant animal or delivered with in 3 months
v Only authorized or licensed persons(above 18 years of age) free from infectious or contagious diseases are employed in slaughter houses.? No Check & no medical check up system in practice.
v reception area, resting grounds and lair ages are made available and 24 hours resting time allowed prior to slaughter as per Rules.? No
v sufficient number of Veterinarians are appointed for ante mortem & post mortem certification? No
v .Implementation of different State & Union Acts & Rules on animal supply, transport, slaughter houses, sale of carcass, effect on health and hygiene of consumer and exchequer? Gross violation of all statutory requirements are in practice
SUGGESTIONS & RECOMMENDATION
1. Question of not only cruelty, violation of acts & rules, loss to exchequer but it raises question of health of more than 35 million meat eaters & health of millions of residents residing nearby slaughter houses.
2. The major question is to ensure the checking of animals before & after slaughter as it relates to health of consumer. For this ante mortem & post mortem are statutory requirement but the system is failed. We want to suggest the onus be shifted from civic bodies & be put on animal owner / person offering the animal for slaughter and taking carcass to meat stall.
3. There are more than 4,000 veterinary degree holders spread in each & every corner of state. Area wise penal of these doctors shall be formed.
4. A fee per ante mortem & post mortem per animal be fixed. Say, rs. 25/- per big animal & Rs. 10 /- per small animal. Which shall be paid along with animal offered. Maximum number of ante mortem & post mortem per doctor be fixed. Say, 50 numbers a day.
5. These doctors shall certify, & shall held responsible, for fitness of animal as per all statutory requirements and shall submit their report in writing to concerned department.
6. Cost of ante mortem & post mortem on the assumed quantity of 48.50 million small animals @ rs. 10/- & 3.60 million big animals @rs. 25/- comes to rs. 57.50 crores. Against turnover of rs. 16,700 crores. I.e. 0.34% or say 0.40 paisa per kg. To ensure the health of 35 million citizen, and saving hundreds of crores of medicine bills, this cost is very meager.
7. Different government agencies shall be warned and responsibility with penal proceedings be fixed on report of violation and their non action .
8. SPCA at district level & state animal welfare board at state level shall monitor working of slaughter houses & shall report periodically to animal welfare board of india.
9. Directions issued by honorable supreme court of india in wp ( civil) . 309/2003 in laxmi narayan modi v/s govt. Of india & others are not being implemented. We bring to the kind notice of hon’ ble supreme court and suggest that status report shall be called and action be initiated against defaulting agencies.
10. In general, slaughter houses shall be treated as an industry and needed modernization shall be implemented fulfilling the norms established under different statutes & where ever, required site be shifted in interest of public health & hygiene.
11. Effective implementation of rules with regards to transportation, sale, purchase, sanitation, waste management etc. Shall be implemented by different agencies.
S.K. Mittal Member
Animal Welfare Board of India