There are thousands of illegal slaughter houses functioning in our country and still Planning Commission has granted thousands of Crores of Rupees for mackanized Slaughter Houses in whole country.
This issue needs mindful decesion but unknowingly animal lovers are taken to war path to stop these installations. We faced the same situation in Mysore and were able to stop the process. In the following Representation we have tried to cover Legal, Economical, Environmental and all related issues.
This Draft can be circulated and may be helpful in saving precious animal lives.
Draft Representation
Sub: Objections on Mysore City Corporation intention of Construction of new Slaughter House for small and Big animals
Ref: Your office advertisement and Letter No. 135/2002-03 ,Meeting held on & letter No. C-2/TR/153/2002-03 regarding Mysore City Corporation’s ANIMALS AT NORTHERN OUT FALL OF KHESERE
NO TO SLAUGHTER HOUSE
Dear sir
Greetings to you
Reference your office letter cited above, we submitted our objectionsvide our letter Dt. & highlighted the same during the meeting called byTax, Finance and Appeal Standing Committee on We are in receipt of your circular letter No. C-2/TR/153/2002-03calling the objections Again in writing. We have submitted our objections vide our letter and again draw your kind attention here as under:-
Akhil Karnataka GauRaksha Sangh ® a is a Registered NGO functioning on State level for the public cause of CATTLE SAFETY & ILLEGAL AND CRUEL KILLING OF SPEECHLESS ANIMALS.
We understand that Corporation in not keen to establish a SLAUGHTERHOUSE but proceeding due to following reasons:
1. As per Karnataka Muncipallty Act, 1964 it I the duty of CORPORATION to provide the amenities(Sec 244 Opening, closing and letting of markets and slaughter houses.)(1) The municipal council may,from time to time, open or close any public market or slaughter house. It may also either take stallage or other rents or fees for the use by any person of any such market or slaughter house or from time time sell by public auction or otherwise the privilege of occupying any stall or space in, or otherwise using any such market or slaughter house, and levy fees on any animal slaughter house for purpose of consumption.)
2. On the basis of DIRECTIONS issued by Hon’ble High CourtKarnataka and to avoid Contempt proceedings in the WP. filled by Mysore City Butchers Association.
3. To utilize the State & Central Government Grant.
We don’t see any other reason as per the information provided by you vide your letter DT. in AGENDA 254 to Worshipful Mayor, Members & Officials of Mysore City Corporation.
These are the fit reasons for proceeding for establishment of a SLAUGHTER. Though we don’t have the complete information about the case filed by the Association nor the reply and information submitted by the Corporation Our observation on the subject is very clear that this issue has not been handled properly, nor Hon’ble High Court was supplied with proper information, nor public was informed. But on the basis of above information, following questions arises in our mind.
Q.1 Mysore City Butcher Association is claiming that they are in the Slaughter Trade.
R.1 Whether the credentials of so called Butchers Associations members have been checked and their claim has been judiciously examined?If yes, what is their turnover and number of Big Animals slaughtered by them before & after approaching the Honorable Court in last 20 year
Q. 2 How many pre-mortem and postmortem has been cone by Corporation Health officials.?
R.2 As per figures given in live Stock census thee their claim for a Slaughterhouse is wrong.
Q.3 Whether requirement of Meat has been assessed?
R.3 To best of our knowledge majority of Mysore citizen are vegetarian and they don’t like animal particularly cow and its progeny to be slaughtered.
Q.4 What Capacity Slaughter house is under planning?
R.4 When there is neither much requirement nor availability, then it is very clear that are proceeding for a Modern Slaughterhouse in Mysore not to cater the Mysore requirement but to provide business opportunity to a particular group with Taxpayers money. It is not the clear violation of provisions of Karnataka Municipality Act.?
Q.5 Whether availability of Raw material has been assessed?
R.5 Live Stock (cattle) is listed as Schedule item in Karnataka Agro Marketing Act Regularizing the whole trade and as per records of APMC Yards in Mysore District not a single transaction has taken place for slaughtering purpose. It very clearly shows that there is not big animal available as raw material for above proposed slaughterhouse.
Q.6 Whether the running cost has been worked out?
R.6 As a business project also, providing a slaughterhouse is not a profitable proposition. Already Mysore City Corporation has burnt its fingers Two times with millions of Rupees. Nor it is the job of city Corporation and other concerned departments as per prevailing Acts & Rules.
Q.7 Whether the local area population of proposed site was suitably informed?
R.7 City Corporation advertisement regarding proposed slaughterhouse is not with full details. It don’t have Key plan and site plan nor any indication mark or board has been displayed at the proposed site nor quantum of land to be used to be used for the purpose has been informed. We don’t know why.?
Q.8 Whether the role of city Corporation has been assessed as per provisions of Karnataka Municipality Act along with other Central & State Government Acts& Rules?
R.8 There are so many other Act & Rules which will be governing the smooth running of a laughter house . :Like:
- UNION GEVERMENT ACTS AND RULES:-
- INDIAN PENAL CODE 1860-
- CRIMINAL PROCEDURE CODE. 1973-
- MOTOR VEHICLE ACT, 1988-
- PREVENTION OF CRULETY TO ANIMALS ACT, 1960. AND
- REGULATIOON (SPCA) RULES 2001-
- TRANSPORT OF CATTLE RULES, 1965-
- ESTABLISHMENT P.C.A (TRANSPORT OF ANIMALS ON FOOT) RULES 2001
- PREVENTION OF CRUELTY TO ANIMALS (SLAUGHTER HOUSE) RULE,2001-
- KARNATAKA GOVERNMENT ACT RULES AND DIRECTIONS
- KARNATAKA AGRO MARKETING (CONTROL) ACT,1966-
- KARNATKA MUNICIPALITIES ACT, 1964
- The Karnataka Prevention of Cow Slaughter & Cattle Preservation Act , 1964
- The Karnataka Prevention of Cow Slaughter & Cattle Preservation Rules, 1967
- Meat less DAYS IN KARNATAKA
- KARNATAKA POLLUTION CONTROL ACT- FACTORIES ACT ETC.
- Decision of Hon. Supreme Court of India in Sri Lakshmi Narayan Modi V/s GOI & Others
- 7 Judges Div. Bench Of Sup. Court of India order by CJ RC Lahoti
Q.9 Whether Other Directions of Karnataka High Court has been carries?
R.9 No. Even Directions given by Hon’ble High Court of Karnataka are not being followed. Copy of order is he as under
IN THE KARNTAKA HIGH COURT, BANGALORE WRIT PETITION NO. 9344/99 DATED THE 25TH DAY OF MARCH, 1999. PRESENT THE HON’BLE THE CHIEF JUSTICETHE HON’BLE JUSTICE A.M. FAROOQ)
The Akhil Karnataka Prani Daya Sangha®- Secretary to Govt. Home Dept Karnataka By Hon. President Sri C.M. Goenka Director Generalof Police in Karnataka
(Sri H.K. Rama Chandra Adv.) Commissioner of Police, Bangalore City
-petitioner The Commissioner, Corporation of Bang alore, Secretary to Govt., Animal Husbandry De p t Respondents
Whereas a Writ Petition files by the above named petitioner under Aricle 226 of the Constitution of India, has been registered by this Court.After hearing the Court made the following:-
ORDER :
There shall be stay of Slaughtering of Cows, Clavesand she Buffaloes.
Counter in three weeks Copy of the order be given to the learned counsel today.
All above questions are answered. We request you to approach the real ground level situation and get the order rectified in light of earlier experience faced by the Corporation where even a single tender was not received, nor the pollution Control Board Corporation could be met out and big public opposition was faced.
Comments to be considered before investing hard earned public money
- sir, Erstwhile Mysore State was merged with Union of India with understanding between Maharaja of Mysore & Government of India that there will be absolute ban on cow laughter. Government of Karnataka enacted Karnataka Prevention of Cow Slaughter and cattle preservation Act. 1964 imposing absolute ban on slaughter of Cow, Calves and She Buffalo and He cow and he buffalo below 12 year of age. It clearly restrict then installation of Slaughter house for BIG ANIMALS.
- People of Mysore are aggrieved by the proposal of Corporation to shift the existing/establish official Slaughter house at kaisere North. Very recently Mysore City Corporation to started slaughter house very near and in the same vicinity which attracted a big public agitation and Corporation had no other OPTION except to close the same. Was it not sear waste of public money? If the slaughter house is not required by Mysore Citizen and than why it shall be imposed on them only to satify some greedy flash traders.
- The present scenario in our City is that scores of illegal, unregulated, unhygienic Slaughterhouses are functioning under the knowledge and nose of Mysore City Corporation. Illegal, unlicensed meat shops, supplying unhygienic meat, highly injurious to health can be seen in whole city. Since many years, we have raised this issue with your predecessors, Worshipful Mayors, Dy. Commissioners, police commissioners and officials of Animal Husbandry & Vet. Services Dept
- Commissioner, Mysore had issued directions vide order No. 237:2001-2002, for the action and cracking down on the these illegal SLAUGHTERN HOUSES. We are unable to understand that instead of cracking down on these illegal activities why the CORPORATION is proposing to start a NEW Slaughter house. This concern and difficult and sickening condition of the people near the proposed Slaughter house.
- Constitution of India has very clearly put as under;51-A fundamental Duties improve the natural environment including forests, lakes, rivers & wildlife, and to have compassion for living creatures. Directive principle of State Policy Article 48 Organization of Agriculture & Animal Husbandry on modern and scientific lines and in particular the take steps preserving and improving the breeds, and prohibiting the slaughter of cows. Calves and other milking animals.
Government of India has enacted Prevention of Cruelty to Animals Act 1960. An act to Prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals. Be it enacted by Parliament in the eleventh Year of the Republic of India. The slaughter of any animal in the sight of another animal has been included in the description of ruelty for purposes of punishment. Prevention of cruelty to animals (slaughter house) Rule 2001 Gazette Under Section 38(1) & (2) of Prevention of cruelty to animals Act, 1960 to regulate Slaughter houses in the country.
Even the sacrifice for religious purpose has banned as per KARNATAKA PREVENTION OF ANIMAL SACRIFICES ACT 1959. An act to prevent animal sacrifices in or within the precincts of any place of public religious worship or adoration and in the State of Karnataka.
It is beyond doubt that majority population of our city is compassionate with Speechless animals and do not require a killing place and particularly with precious public money. This concern can not be
- Even action against public wish and sentiments may attract the provisions of I.P.C. Sec.,153. That “whoever-(a) by words either spoken or written, or by signs or by visible representation or otherwise promoters or attempts to promote caste or any other ground whatsoever,
In our view, people in any area have independent right to oppose a move, which they consider nuisance, obnoxious, illegal or outrageous to cultural Ethos and to seek injunctions . We challenge the legality of the unregulated slaughtering permitted by STATE in the public Slaughterhouses, and questions it, also from the Environmental and cultural point of view, and thus opposes the setting up of shifting of a slaughter house at their doorstep. Even planning Commission of Government of India has turned down the proposal of the opening of slaughter houses. It can not be lost sight of that the new slaughterhouse at Kasaire will face the similar problem as are as faced last year in the same are.
As for the grounds of public nuisance and pollution etc. there is now little doubt or controversy, as is also evidenced by present conditions every where. Following statement in the Annual Report (1989-90) of the Department of Agricultural and Cooperation, Government of India at page 97 amounts to be an admission on the question of threat to people outside Slaughterhouses. There are more that 30000 slaughterhouses in the country, majority of which are outdated, unrecognized with sub standard hygienic facilities, causing risk to the health of persons working in abattoirs, millions of meat eaters and a pollution problem to about 100 million population living in the neighborhood if abattoirs.” A question may be asked “ is the above statement of Government not sufficient for closing down of even existing slaughterhouse in the interest of health of the citizen.” In no conditions and circumstances in which alone animals could be destroyed for ‘food’ this is suggested so that GREED BASED economic ambition linked killing and killing otherwise for whatsoever trade etc, are replaced by NEED BASED killings. In a manner which is consistent with the harmonious coexistence of man and animal kingdom, as both are mutually interdependent in environment rather thanindependent. Much of the killings today are in the NAME OF FOOD for taste etc: rather than SAKE OF FOOD.
- We must have a view to contain unnecessary damage to resources, consider Environmentally Destructive practices to determine from time on continuing basis the nature of various trade and other practices today, by drawing a critical or threshold line will become destructive of environment tomorrow. In a democratic society with fundamental right of freedom of trade and occupation with no legal controls on expanding population, the finite resources and infinite needs are to be constantly regulated to maintain balance.
- At what point of time, for example, the use of artificial fertilizers, pesticides or insecticides or insecticides. Plastics etc, may start having irreversible effect on soil, vegetation or other creatures or bio-organisms, need to be constantly monitored on the basis of scientific knowledge, facts and other materials, to determine the regulations etc. Likewise at what point of time, eg. The freedom of speech and expression and freedom of circulation, when exercised as a trade for business or profit aims, by multiplication of new titles on various subjects may start having a demand to be met by illegal felling of trees, in number more than what could be grown, are to be watched.
- Having given careful thought and consideration to Constitutional obligations as already discussed, in the prevailing scenario of entirely unregulated freedom of killing animals for greed based economic ambition of few unwittingly promoted by State for small monetary gain, by its permitting killing of animal for export of meat, and other mentioned reasons, resulting in killing of animals, with potentially environmentally destructive dimensions: And taking serious note of enormous silence of different Union and State Departments, when they had an inescapable duty, to share concern for animal life general, and loss of livestock population in particular, in the Slaughterhouses.
- In case Corporation will process for the same, it well be treated most disastrous decision in the history and will be a big loss of reputation and public money and also.
Under the circumstances, we request you, Mysore City Corporation & Government of Karnataka to drop the idea of SLAUGHTER HOUSE in total for ever and crack down on illegal slaughter places and MEAT shops in full vigor, in the interest of health, hygiene, revenue generation and compassion to Speechless animals.
We will be glad to furnish further information, if any desired by you and will be glad to participate in hearing, if fixed. For further discussion in the matter, please.
With great hopes and warm regards
Yours in service to speechless animals
By
DR. SK MITTAL
B.Com (Hons) LLM. Phd