Implementation of Central & State Acts & Rules in curbing illegal, Cruel Animal Transportation and Sacrifice on Baqur Idd Days instruction on letter written by Mr. Asauddin Owaisi MP

Honorable Hon Home Minister 3.7.2021 Government of India North Block, New Delhi Reg: Implementation of Central & State Acts & Rules in curbing illegal, Cruel Animal Transportation and Sacrifice on Baqur Idd Days, Hon. Supreme Court Directions on letter written by Mr. Asauddin Owaisi MP Sri Amit Shah Ji Jai Bharat, I take this opportunity to attract your valuable and urgent attention here under: Idd Ul Juha known as Bakari idd alsi in fast approaching and will be celebrated on 20-22 July this year. I extend my warm wishes and greetings to all Muslim Biradaran. In the celebration they sacrifice speechless animals and its cruel illegal transportation across the nation can be seen in rampant way in violation of provisions of Constitution of India, IPC 429, 153-A, 295 Section 125- E of Motor Vehicle Act, Sec.11 of Wildlife Protection Act, Prevention of Cruelty to Animal Act, 1960, APMC (Regulation) Act, Municipal Corporation Act State Prevention of Animal Sacrifice Acts, State Prevention of Cow Slaughter & Preservation Acts etc. On 28th June, 2021 a letter written by Mr. Asauddin Owaisi MP is creating panic and need your urgent attention and direction (Letter enclosed) Mr Owaisi has asked for the instructions to Police officials that they 1. shall not insist on Animal Health Certificates issued by Veterinary officials 2. Shall not insist on over crowding(Loading) as no specific number of animals is prescribed in different size of vehicles 3. Not to seize large number of Oxen in name of Calves 4. Police, Revenue, Municipal and Veterinary etc officials shall be instructed not to seize animals as sacrifice is done only of Healthy animals. 5. Cow vigilantis are anti national and harassing livestock traders and transporters and arbitrary seizure of animals shall be stopped • On going through all above mentions, it look like that a crowned Pappu King is directing the poor employees. • Honorable Sir, all above are written against the essence and provisions of beautiful Constitution of India which has been interpreted by Honorable Supreme Court of India constitution Bench of Honorable CJ RC Lahoti. • Animal Health Certificate is a statutory requirement as prescribed by PCA Act, 1960 Section 125 E of Motor Vehicle Act prescribed the space to be given to each animal whether it is Horse (3 Sq. Mtr) Cattle (2 Sq. Mtr) Pig (1 Sq. Mtr) Sheep goat (0.7 Sq Mtr) viewing the different size of Vehicles say from 3’ to 8’ Width and 6’ to 40’ Length. Apart from above Transport of Snimal Rules in PCA Act prescribed so many other conditions. • IPC 429 a cognizable offence attract even on maiming of animals. Wildlife protection Act restrict animal transportation in night hours • State APMC Acts in most of the States have put Cattle as Scheduled commodity i • Following the Directive Principles to the State Code 48-A, States including Telangana have enacted Prevention of Cow slaughter & Cattle Preservation Acts. These Acts restrict transfer, Sale, Purchase, slaughter & Sacrifice of Cow & its progeny. • State Prohibition of Animal Sacrifice Acts are in force including in Telangana. • Question of Calling Cow Vigilantes look politically raised with ulterior Motive .As mentioned above these offences are Non Cognizable . Code 43 Cr PC empower Citizen and provide the power of Public Arrest. Honorable Sir, all above are written against the essence and provisions of Constitution of India as interpreted by Hon. Supreme Court of India Constitution Bench of Honorable CJ RC Lahoti). • Cow lovers do not intervene in legal trafficking or transport of animals other than Cow & its progeny. Under the circumstances, to save nation’s Livestock asset, flora & Founa, Echology, Communal Harmony, we have no other door except to request honorable Sir to intervene in the matter and issue necessary directions to all concerned officials to restrict illegal & Cruel Transportation & Sacrifice on Bakar idd in India particularly in Telangana by strictly implementing Central & State Acts & Rules in force With High Regards Dr. SK MIttal LLM PhD (Animal Safety Laws Encls: 1. Letter of Sri Asauddin Owisi Dt 28.6.2021 2. Hon. Supreme court Judgment 2. Glimpse of Constitution provisions Central & State Acts & Rules 3. Animal Sacrifice- Is it Human- Is it Legal CASE NO.:Appeal (civil) 4937-4940 of 1998 PETITIONER: State of Gujarat RESPONDENT: Mirzapur Moti Kureshi Kassab Jamat & Ors. DATE OF JUDGMENT: 26/10/2005 BENCH: CJI R.C. LAHOTI, B.N.AGRAWAL, ARUNKUMAR,G.P.MATHUR, C.K.THAKKER, P.K.BALASUBRAMANYAN JUDGMENT: JUDGMENT WITH CIVIL APPEAL NOS. 4941-44 of 1998 Shree Ahimsa Army Manav Kalyan Jeev Daya Charitable Trust Appellant Versus Mirzapur Moti Kureshi Kassab Jamat, Ahmedabad & Ors. Respondents and CIVIL APPEAL NO. 4945 of 1998 Akhil Bharat Krishi Goseva Sangh Appellant Versus Mirzapur Moti Kureshi Kassab amat, Ahmedabad & Ors. Respondents R.C. LAHOTI, CJI ……No one specially competent to expound the religious tenets of Islam filed any affidavit and no reference was made to any particular Surah of the Holy Quran which, in terms, requires the sacrifice of a cow. It was noticed that many Muslims do not sacrifice cow on the BakrI'd day. Their Lordships stated, inter alia :- "It is part of the known history of India that the Moghul Emperor Babar saw the wisdom of prohibiting the slaughter of cows as and by way of religious sacrifice and directed his son Humayun to follow this example. Similarly Emperors Akbar, Jehangir, and Ahmad Shah, it is said, prohibited cow slaughter. Nawab Hyder Ali of Mysore made cow slaughter an offence punishable with the cutting of the hands of the offenders. Three of the members of the Gosamvardhan Enquiry Committee set up by the Uttar Pradesh Government in 1953 were Muslims and concurred in the unanimousrecommendation for total ban on slaughter of cows. We have, however, no material on the record before us which will enable us to say, in the face of the foregoing facts, that the sacrifice of a cow on that day is an obligatory overt act for a Mussalman to exhibit his religious belief and idea. In the premises, it is not possible for us to uphold this claim of the petitioners." (p.651) In State of West Bengal and Ors. v. Ashutosh Lahiri, (1995) 1 SCC 189, this Court has noted that sacrifice of any animal by muslims for the religious purpose on BakrI'd does not include slaughtering of cow as the only way of carrying out that sacrifice. Slaughtering of cow on BakrI'd is neither essential to nor necessarily required as part of the religious ceremony. An optional religious practice is not covered by Article 25(1). On the contrary, it is common knowledge that cow and its progeny, i.e., bull, bullocks and calves are worshipped by Hindus on specified days during Diwali and other festivals like Makr-Sankranti and Gopashtmi. A good number of temples are to be found where the statue of 'Nandi' or 'Bull' is regularly worshipped. However, we do not propose to delve further into the question as we must state, in all fairness to the learned counsel for the parties, that no one has tried to build any argument either in defence or in opposition to the judgment appealed against by placing reliance on religion or Article 25 of the Constitution. Dealing with the challenge founded on Article 14 of the Constitution, their Lordships reiterated the twin tests on the anvil of which the reasonability of classification for the purposeof legislation has to be tested, namely, (i) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group, and (ii) that such differentia must have a rational relation to the object sought to be achieved by the statute in question (p.652). Applying the twin tests to the facts of the cases before them, their Lordships held that it was quite clear that the objects sought to be achieved by the impugned Acts were the preservation, protection and improvement of livestocks. Cows, bulls, bullocks and calves of cows are no doubt the most important cattle for the agricultural economy of this country. Female buffaloes yield a large quantity of milk and are,therefore, well looked after and do not need as much protection as cows yielding a small quantity of milk require. As draught cattle, male buffaloes are not half as useful as bullocks. Sheep and goat give very little milk compared to the cows and the female buffaloes and have practically no utility as draught animals. These different categories of animals being susceptible of classification into separate groups on the basis of their usefulness to society, the butchers who kill each category may also be placed in distinct classes according to the effect produced on society by the carrying on of their respective occupations (p. 653)….. Anx: 2 Constitution of India 51A. Fundamental duties.—It shall be the duty of every citizen of India—(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;(c) to uphold and protect the sovereignty, unity and integrity of India;(d) to defend the country and render national service when called upon to do so;(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic andregional or sectional diversities; to renounce practices derogatory to the dignity of women;(f) to value and preserve the rich heritage of our composite culture;(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;(i) to safeguard public property and to abjure violence;(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.—The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall Endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 48. Organisation of agriculture and animal husbandry.—The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. 48A. Protection and improvement of environment and safeguarding of forests and wild life.—The State shall Endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. केन्द्रीय विधि विधान - नियम The Code of Criminal Procedure, 1973 (Cr.Pc) Code 43.Arrest by private person and procedure on such arrest(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him. (3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. Indian Penal Code (IPC) Section 153 A.Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever— (a) By words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place or birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or (b) Commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, 2[or]2[ (c) Organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence of knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] Shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc.— (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.] Section 295A.Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 2[citizens of India], 3[by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall bepunished with imprisonment of either description for a term which may extend to 4[three years], or with fine, or with both.] Code 429Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees: Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. The Prevention of Cruelty to Animal Act, 1960 (59 OF 1960)(26th December, 1960) AN ACT to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relatingto the prevention of cruelty to animals. Be it enacted by Parliament in the Eleventh year of the Republic of India as follows: CHAPTER I : PRELIMINARY 1. Short title, extent and commencement : (1) This Act may be called the Prevention of Cruelty to Animals Act, 1960.(2) It extends to the whole of India except the State of Jammu and Kashmir. , (3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different States and for the different provisions comained in this Act. 2. Definitions : In this Act, unless the context otherwise. requires, (a) "animal" means any living creature other than a human being, 1[(b) "Board" means the Board established under Section 4. and as reconstituted from time to time under Section 5A] (c) "captive animal" means any animal (not being a domestic animal) which is in capacity or confinement, whether permanent or temporary, or which is subjected to any appliance of contrivance for the purpose of hindering or preventing its escape from captivity or confinement or which is pinioned or which is or appears to be. maimed; a"domestic animal" means any animal which is tamed or which has been or is being sufficiently tamed to serve some purpose for the use of man or which, although it neither has been nor is intended to be so tamed, is or has become in fact wholly or partly tamed-, (e) "local authority" means a municipal committee, district board or other authority for the time being invested by law with the control and administration of any matters within a specified local area; (f) "owner", used with reference to an animal, includes not only the owner but also any other person for the time being in possession or custody of the animal, whether with or without the consent of the owner CHAPTER III : CRUELTY TO ANIMALS GENERALLY 11. Treating animals cruelly : (1) If any person (a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes, or being the owner permits, any animal to be so treated; or (b) 13(employs in any work or labour or for any purpose any animal which, by reason of its age or any disease) infirmity; wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be employed; or (c) wilfully and unreasonably administers any injurious drug or injurious substance to 14(any animal) or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 15(any animal;) or (d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or (e) keeps or confines any animal in any -cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or (g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or (h) being the owner of (any animal) fails to provide such animal with sufficient food, drink or shelter; or (i) without reasonable cause, abandons any animal in circumstances which tender it likely that it will suffer pain by reason of starvation thirst; or (j) wilfully permits any animal, of which he is the owner, to go at large in any street, while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or (k) offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other illtreatment; or 16{(1) mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections, in the heart or in any other unnecessarily cruel manner or;) 17{(m) solely with a view to providing entertainment (i) confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object or prey for any other animal; or (n) 18[xxxx] organises, keeps uses or acts in the management or, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or (o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting: he shall be punishable 19(in the case of a first offence, with fine which shall not be less than ten rup6es but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend, to one hundred rupees or with imprisonment for a term which may extend, to three months, or with both.] (2) For the purposes of section (1) an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence;Provided that where an owner is convicted permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.(3) Nothing in this section shall apply to -(a) the dehorning of cattle, or the castration or branding or noseroping of any animal in the prescribed manner, or (b) the destruction of stray dogs in lethal chambers 20[by such other methods as may be prescribed]or(c)theextermination or destruction of any animal under the authority of any law for the time being in force; or(d) any matter dealt with in Chapter IV; or (e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering. CHAPTER V : PERFORMING ANIMALS 26. Offences : If any person - (a) not being registered under this chapter, exhibits or trains any performing animal; or (b) being registered under the Act, exhibits or trains any performing animal with respect to which or in a manner with respect to which, he is not registered; or (c) exhibits or trains as a performing animal, any animal which is not to be used for the purpose by reason of a notification issued under clause (ii) of section 22; or(d) obstructs or willfully delays any person or police officer referred to in section 25 in the exercise of powers under this Act as to entry and inspection; or(e) conceals any animal with a view to avoiding such inspection: or(f) being a person registered under 'the Act, on being duly required in pursuance of this Act to produce his certificate under this Act, fails without reasonable excuse so to do; or(g) applies to be registered under this Act when not entitled to be so registered, He shall be punishable on conviction with fine which may extend to five hundred rupees or with imprisonment which may extend to three months, or with both. 27. Exemptions : Nothing contained in this Chapter shall apply to (a) the training of animals for bonafide military or police purpose or the exhibition of any animals so trained; or (b) any animals kept in any zoological garden or by any society or association which has for its principal object the exhibition of animals for educational or scientific purposes. VI MISCELLANEOUS 28. Saving as respects manner of killing prescribed by religion : Nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community. 29. Power of court to deprive person convicted of ownership of animal : (1) If the owner of any animal is found guilty of any offence under this Act. the court upon his conviction thereof, may, if it thinks fit, in addition to any other punishment make an order that the animal with respect to which the offence was committed shall be forfeited to Government and may, further, make such order as to the disposal of the animal as it thinks fit under the circumstances. (2) No order under sub section (1) shall be made unless it is shown by evidence as to a -previous conviction under this Act or as to the character of the owner or otherwise as to the treatment of the animal that the animal if left with the owner, is likely to be exposed to further cruelty. (3) without prejudice to the provision contained in sub-section (1), the court may also order that a person convicted of an offence under this Act shall, either permanently or during such period as is fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or as the court thinks fit of any animal of any kind or species specified in the order. (4) No order under sub-section (3) shall be made unless (a) it is shown by evidence as to a previous conviction or as to the character of the said person or otherwise as to the treatment of the animal in relation to which he has been convicted that an animal in the custody of the said person is likely to be exposed to cruelty; (b) it is stated in the complaint upon which the conviction was made that it is the intention of the complaint upon the conviction of the accused to request that an order be made as aforesaid and (c) the offence for which the conviction was made was committed in an area in which under the law for the time being in force a licence is necessary for the keeping of any such animal as that in respect of which the conviction was made. (5) Notwithstanding anything to the contrary contained in any law for the time being in force, any person in respect of whom an order is made under sub-section (3) shall have no right to the custody of any animal contrary to the provisions of the order, and if he contravenes the provisions oil any order, he shall be punishable with fine which may extend to one hundred rupees, or. with imprisonment for a term which may extend to three months, or with both. (6) Any court which has made an order under sub-section (3) may at any time, either on its own motion or on application made to it in this behalf, rescind or modify such order. 30. Presumptions as to guilt in certain cases : If any person is charged with the offences of killing a goat, cow or its to guilt in progeny contrary to the provisions of clause (1) of sub section (1) or section 11, and it is proved that such person had in his possession, at the time the offence is alleged to have been committed, the skin of any such animal as is referred to in this section with any the skin of any such animal as is referred to in this section with any part of the skin of the head attached thereto, it shall be presumed until the contrary is proved that such animal was killed in a cruel manner. 31. Cognizability of offences : Notwithstanding anything contained in the Code or Criminal procedure, 1898, (5 of 1898) an offence punishable under clause (1) or clause (n) or clause, (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of that code. 32. Powers of search and seizure : (1) If a police officer not below the rank of sub inspector, or any person authorised by the State Government in this behalf has reason to believe that an offence under clause (1) of sub-section (1) of section 11 in respect of any such animal as is referred to in section 30 is being, or that any person has in his possession the skin of any such animal with any part of the skin of the head attached thereto, he, may enter and search such place or any place in which he has reason to believe any such skin to be, and may seize such skin or any article or thing used or intended to be used in the commission of such offence. (2) If a police officer not below the rank of sub-inspector, or any person authorised by the State Government in this behalf, has reason to believe that phooka or25(doom dev or any other operation of the nature referred to in section 12) has just been or is being, performed on any animal within the limits of his jurisdiction, he may enter any place in which he has reason to believe such animal to be, and may seize the animal and produce it for examination by the veterinary officer incharge of the area in which the animal is seized. 33. Search warrants : (1) If a magistrate of the first or second class or a presidency magistrate or a commissioner of police or district superintendent of police, upon information in writing; and after such inquiry as he thinks necessary, has reason to believe that an offence under this Act is being, or is about to be, or has been committed in any place, he may either himself enter and search or by his warrant authorise any police officer not below the rank of sub-inspector to enter and search the place. (2) The provisions of the Code of Criminal Procedure, 1898, relating to searches shall so far as those provision can be made applicable, apply to searches under this Act. 34. General Power of seizure for examination : Any police officer above the rank of a constable or any person authorised seizure for by the State Government in this behalf, who has reason to believe that examination an offence against this Act has been or is being, committed in respect of any animal, may, if in his opinion the circumstances so require, seize the animal and produce the same for examination by the nearest magistrate or by such veterinary officer as may be prescribed; and such police officer or authorised person may, when seizing the animal, require the person in charge thereof to accompany it to the place of examination. 35. Treatment and care of animals : (1) The State Government, may by general or special order appoint infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may authorise the detention therein of any animal pending its production before a magistrate. (2) The magistrate before whom a prosecution for an offence against this Act has been instituted may direct that the animals concerned shall be treated and cared for in an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or if the veterinary officer in charge of the area in which the animal is found or such a veterinary officer as may be authorised in this behalf by rules made under this Act certifies that it is incurable or cannot be removed without cruelty, that it shall be destroyed. (3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate directs that it shall be sent to a pinjrapole or that it shall be destroyed, be released from such place except upon a certificate of its fitness for discharge issued by the veterinary officer in charge of the area in which the infirmary is situated or such other veterinary officer as may be authorised in this behalf by rules made under this Act. (4) The cost of transporting the animal to an infirmary or pinjrapole and of its maintenance and treatment in an infirmary, shall be payable by the district magistrate, or, in presidency-towns, by the commissioner of police; Provided that when the magistrate so orders on account of the poverty of the owner of the animal, no charge shall be payable for the treatment of the animal. (5) Any amount payable by an owner of an animal under sub-section (4) may be recovered in the same manner as an arrear of land revenue, (6) If the owner refuses or neglects to remove the animal within such time as a magistrate may specify, the magistrate may direct that the animal be sold and that the proceeds of the same be applied to the payment of such cost. (7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner within two months from the date of the sale be paid to him. 36. Limitation of prosecutions : A prosecution for an offence against this Act shall not be instituted after prosecutions the expiration of three months from the date of the commission of the offence. 37. Delegation of powers : The Central Government may, by notification in the official Gazette, direct that all or any of the powers exercisable by it under this Act, may, subject to such conditions as it may think fit to impose, be also exercisable by any State Government. 38. Power to make rules : (1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 26(xxxx) conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions. 27[(aa) the manner in which the persons to represent municipal corporation are to be elected under clause (e) of sub-section (1) of section (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the overcrowding of animals; the period during which, and the hours between which, any class of animals shall not be used for draught purposes: (a) prohibiting the use of any bit or harness involving cruelty to animals; 28[(ea)the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13,] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported; (i) requiring person owning or in charge of premises in which animals are kept or milked to register such permises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the loc j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein the fees payable for such registration and the authorities to whom such applications may be made; 29[ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under the Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapole and veterinary hospitals; (1) any other matter which has to be, or may be prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 31[38A. Rules and regulations to be laid before Parliament : Every rule made by the Central Government or by the Committee constituted under section 15 and every regulation made. by the Board shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, should not be made the rule or regulation shall there after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] 39. Persons authorized under section 34 to be public servants : Every person authorized by the State Government under section 34 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal code. 40. Indemnity : No suit, prosecution or other legal proceeding shall lie against any person who is, or who is deemed to be a public servant within the meaning of section 21 of the Indian Penal Code in respect of anything in good faith done or intended to be done under this Act.. Transport of Animals, Rules, under PCA ACT In exercise of the powers conferred by clause (h) of sub-section (2) of Section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960); the Central Government hereby makes the following rules, the same having been previously published as required by the said Section, namely : Transport of Animals Rules, 1978. Chapter I 1. Short TitleThese rules may be called the Transport of Animals, Rules, 1978.2. Definitions :In these rules, unless the context otherwise requires(a) qualified veterinary surgeon means one who holds a diploma or a degree of a recognised veterinary college.(b) "Schedule" means a schedule appended to these rules. CHAPTER IV Transport of Cattle 46. Rules 47 to 56 shall apply to the transport by rail of cows, bulls, bullocks, buffaloes, yaks and calves. (hereinafter in these rules referred to as cattle). 4 7. (a) A valid certificate by a qualified veterinary surgeon to the effect that the cattle are in a fit condition to travel by rail or road and are not suffering from any infectious or contagious or parasitic diseases and that they have been vaccinated against rinderpest and any other infectious or contagious or parasitic diseases, shall accompany each consignment. (b) In the absence of such a certificate, the carrier shall refuse to accept the consignment for transport. (c) The certificate shall be in the form specified in Schedule - E. 48. Veterinary first-aid equipment shall accompany all batches of cattle. 4 9. (a) Each consignment shall bear a label showing in bold red letters the name, address and telephone number (if any) of the consignor and consignee, the number and types of cattle being transported and quantity of rations and food provided. (b)The consignee shall be informed about the train or vehicle in ' which the consignment of cattle is being sent and its arrival time in advance. (c)The consignment of cattle shall be booked by the next train or vehicle and shall not be detained after the consignment is accepted for booking. 50. The average space provided per cattle in Railway wagon or vehicle shall not be less than two square metres. 51. (a) Suitable rope and platforms should be used for loading cattle from vehicles. (b) In case of railway wagon the dropped door of the wagon may be used as a ramp when loading or unloading is done to the platform. 52. Cattle shall be loaded after they are properly fed and given water. 53. Cattle in advanced stage of pregnancy shall not be mixed with young cattle in order to avoid stampede during transportation. 54. (1) Watering arrangements on route shall be made and sufficient quantities of water shall be carried for emergency. (2) Sufficient feed and fodder with adequate reserve shall be carried to last during the journey. (3) Adequate ventilation shall be ensured. 55. When cattle is to be transported by rail. (a) An ordinary goods wagon shall carry not more than ten adult cattle or fifteen calves on broad gauge, not more than six adult cattle or ten calves on metre guage, or not more than four adult cattle or six calves on narrow gauge. (b) every wagon carrying cattle shall have at least one attendant. (c) cattle shall be loaded parallel to the rails, facing each other. (d) rations for padding, such as straw, shall be placed on the floor to avoid injury if a cattle lies down and this shall not be less than 6 cms thick. (e) rations for the journey shall be carried in the middle of the wagon. (f) to provide adequate ventilation, upper door of one side of the wagon shall be kept open properly fixed and the upper door of the wagon shall have wire gauge closely welded mesh arrangements to prevent burning cinders from the engines entering the wagon and leading to fire outbreak. (g) cattle wagons should be attached in the middle of the train. (h) cooking shall not be allowed in the wagons nor hurricane lamps without chimneys. (i) two breast bars shall be provided on each side of the wagon, one at height of 60 to 80 cm and the other at 100 to 110 cm. (j) Cattle-in-milk shall be milked at least twice a day and the calves shall be given sufficient quantity of milk to drink. (k) As far as possible, cattle may be moved during the nights only. (1) during day time, if possible, they should be unloaded, fed, given water and rested and if in milk, milking shall be carried out. 56. When cattle are to be transported by goods vehicle the following precautions are to be taken namely (a) Specially fitted goods vehicles with a special type of tail board and padding around the sides should be used. (b) Ordinary goods vehicles shall be provided with anti-slipping material, such as coir matting or wooden baord on the floor and the superstructure, if low, should be raised. (c) no goods vehicle shall carry more than six cattle. (d) each goods vehicle shall be provided with one attendant. (e) while transporting, the cattle, the goods vehicle shall not be loaded with any other merchandise; and (f) to prevent cattle being frightened or injured, they should preferably, face the engine. 8. SCHEDULE – H [See Rule 47] Proforma for Certificate of fitness to travel Cattle This Certificate should be completed and signed by a qualified Veterinary Surgeon Date and time of examination : ......................Species of cattle : ..............Number of Trucks / Railway Wagons Number of cattle : ................................................................Sex Age. Breed and identification marks, if any .......................................................... Transported from To Via I hereby certify that I have read rules 46 to 56 in Chapter IV of the Transport of Animals Rules, 1978. 1. That, at the request of (consignor) I have examined the above mentioned Cattle in the goods vehicle/ railway wagons not more than 12 hours before their departure. 2. That each cattle appeared to be in a fit condition to travel by rail/road and is not showing any signs of infectious or contagious or parasitic disease and that it has been vaccinated against rinderpest and any other infectious or contagious or parasitic diseases(s). 3. That the cattle were adequately fed and watered for the purpose of the journey. 4. That the cattle have been vaccinated. (a) Type of vaccine : (b) Date of vaccination: Signed ......................................................... Address ...................................................Qualifications ............Date ............. MOTOR VEHICLE ACT 1988 Central Motor Vehicle (Amendment) Rules, 2015 Special requirements of Motor vehicles transporting livestock.-Central Motor Vehicle Rules, 1989 Rule 125 E. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, Now therefore, in exercise of the powers conferred by Clause (m) of Sub Section (1) of Section 110 of Motor Vehicle Act 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor Vehicle Rules, 1989. namely:- 1. (1) These Rules may be called the Central Motor Vehicle (Amendment) Rules, 2015 (2) They shall come in force on the 1st January,2016 2. In the Central Motor Vehicle Rules. 1989 (hereinafter referred to as principal rules) after rule 125 D the following rules shall be inserted, namely:- 125 E. Special requirements of Motor vehicles transporting livestock.- (1) On and after the 1st January,2016, motor vehicles used for transportation of livestock by road shall be in accordance with the specifications of the Bureau of Indian Standards as provided in IS-14904-2007; or IS-5238:2001 or IS-5236-1982 as the case may be, as amended from time to time and the transporter or consignor of the livestock shall follow the code of practice laid down in the respective specification regarding the transport of livestock. (2) Subject to Sub Rule (1) the Motor vehicles for carrying animals shall have permanent partitions in the body of the vehicle so that the animals are carried individually in each partition where the size of partition shall not be less than the following namely:= (i) Cows & Buffalos=2.00Sq.Mts. (ii) Horses &mares= 2.25 Sq.Mts (iii) Sheep & Goats = 0.3 Sq. Mts (iv) Pig = 0.6 Sq.Mts (v) Poultry = 40 cm Sq (3) No Motor Vehiclke ment for carrying animals shall be permitted to carry any other goods (4) The Regional Transport Officer shall issue special licenses for motor vehicles meant for carrying animals on the basis of vehicles modified in accordance with the subrule (2)"(No.RT-11036/ 24/ 2014 -MVL) राज्यों द्वारा पारित नियम राज्यों द्वारा पारित वाहन नियम Motor Vehicle Rules Motor Vehicle Rules (1) No cattle shall be carried in a goods vehicle in a public place unless:- (B) in the case of any other cattle,- (i) a minimum floor space of 2m x 1m per head of cattle and half of such floor space for a young one of cattle which is weaned is provided in the vehicle; (ii) The lead body of the vehicle in constructed of strong wooden planks or of iron sheets with a minimum height of 1.5 meters measured from the floor of the vehicle on all sides and the back; (iii) floor battans are provided to prevent slipping of hoofs; (iv) Every projection likely to cause suffering to an animal is removal; and(v) The cattle are properly secured by ropes tied to the sides of the vehicle. Explanation.-“Cattle” for the purpose of this sub-rule includes goat, sheep, buffalo, bull, ox, cow, deer, pony, mule, ass, pig or the young ones thereof. (2) No animal belonging to or intended for a circus, menagerie or zoo shall be carried in a goods vehicle in a public place unless,- (i) in the case of wild or ferocious animal, a suitable cage, either separate from or integral with the lead body of the vehicle used of sufficient strength to contain the animal securely at all times is provided; and (ii) reasonable floor space for each animal is provided in the vehicle. (3) No goods vehicle when carrying any cattle or any animal shall be driver at a speed in excess of 24 kms. Per hour. 202. A. Power to detain vehicles._ Any Officer of othe Transport Department not below the rank of Motor vehicles inspector or an Police Officer not below the rank of circle Inspector of Police are authorized to exercise powers under Section 207. 202- B. Procedure of detaining a motor vehicle._ When a motor vehicle is detained by any officer referred to Rule 202-A, he shall take the following steps, namely.- (i) arrangement shall be made for temporary safe custody of the motor vehicle in the nearest Police station or at any appropriate place; (ii) the fact of seizure and detention shall be informed without delay to the secretary, Regional Transport Authority of the region and the secretary, Regional Transport Authority of the region to which the motor vehicles belongs; (iii) where prosecution of othe driver or owner or both is necessary, charge sheets against them shall be filed before the concerned Maistrate within three days (computation of three days shall be in accordance with section 10 of General Clauses act, 1897) from the date of seizure and the motor vehicle shall be released by the Officer who detained if after the prosecution is completed under intimation to both the secretaries of Regional Transport Authorities mentioned in clause (ii); (iv) mahazor of the vehicles is to be carried out in writing of its condition, and parts which are easily removable, replaceable and temperable (viz., Television, DVD/VCD/MP-3 Play Raido, public address system and any other such equipments) and a copy of its is to be delivered to othe person from whom it is seized, duly signed. 202- C. Release of seized and detained vehicles._ (1) An application for release of a vehicle seized and detained under sub-section (1) of section 207 shall be in the form of a memorandum in duplicate with relevant documents duly enclosing a fee of rupees fifty. The Secretaries of the Regional Trasnport Authority, of the Region shall entertain an application for release of vehicles seized and detained by his subordinate Officers 192-A. Using vehicles without permit. – (1) Whoever drives a motor vehicle or causes or allow a motor vehicle to be used in contravention of theprovisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both : Provided that the Court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose : Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The Court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order, made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made]. Corresponding Law. – Section 192-A corresponds to section 123 of the Motor Vehicles Act, 1939. Provisions of Indian Forest Act, Indian Wildlife Protection Act. 1972 • Provisions of under Acts & Rules prohibit transportation, grazing and all other cattle related activities. Most of inter state roads are through Forest areas with strong presentation of Forest officials and Forest Hand Posts. Even as per Hon’ble Supereme Court directions, all these road shall be closed in night hours and to be recorded and monitored by CC Camera recordings. Municipal Administration • Licensing markets, slaughter houses & certain businesses.— • Opening, closing and letting of markets and slaughter houses. • Slaughter houses, etc., beyond municipal limits.— • Unwholesome articles of food and drink • Duties of municipal council in respect of disease among horses, dogs, cattle, sheep or goats. • Premises not to be used for certain purposes without purpose APMC ACTS All APMC shall register Cattle like Ox, Cow, Calves, Buffalo etc seperately at Entry point 2. As per Act present market Fee is RS.5/-. per head of Cattle IN ADDITION 0.50 P. Per head of Cattle shall be charged at ENTRY REGISTER LEVEL. 3. Cattle purchaser shalll pay license fee and obtain License under Rule 72 & 76. Those who have a.regular transection, they shall obtain under Rule 76 and other shall obtain temporary License under Rule 72(3) of A.P.M.C. and pay license fee of RS.50/- 4. The APMC YARD shall record cattle purchaser’s permanent address and purpose for which Cattle is purchased in Register in A.P.M.C. 5. As per Provisions of Karnataka Prevention of Cow Slaughter & Preservation of Cattle Act, 1964 slaughter of milking animal i.e. Cow, Calves & She Buffalo is banned. In case A.P.M.C officials suspect that Cattle transected are for Slaughter. They shall intimate the matter to nearest Police Station immediately. 6. Purchaser shall show purchase receipt for Market Fee, Registration Fee & License to officials during transportation from APMC YARDS 7. The Fruit and Vegitable waste generated in APMC YARDS may be lifted for the use of Cattle feeding and same shall be deleivered free of Cost to Pinjrapole / Gau Raksha Sangh 8. As Sale, Purchase & Transportation of Cow & Cattle for slaughter are illegal as per ACT of 1964. Such instances be checked and be reported to nearest Police Station for further action. State Prevention of Cow slaughter & Cattle preservation Laws Derogatory directive by the central government to the state govts 1. Andhra Pradesh Prohibition of Cow Slaughter & Animal Preservation Act ,1977. 2. Assam Cattle Preservation act, 1950 (13 of 1951) 3. Bihar Preservation and improvement of Animals Act 1955(amended by Bihar Act no 59 of 1982) 4. Chhattisgarh Krishik Pashu Sanrakshan Adhiniyam ,2004. 5. Delhi Agricultural Cattle Preservation Act 1994. 6. Goa,DamanandDiv Prevention of Cow Slaughter act,1978 Goa Animal Preservation Act, 1995 7. Gujarat Bombay animal PreservationAct1954(amended) 8. Haryana, Punjab Prohibition of Cow Slaughter Act ,1955, applicable with certain amendments. 9. Himachal Pradesh Punjab Prohibition of Cow Slaughter Act 1955,. 10. Jammu and Kashmir: ranbir penal code, samvat 1989 and J& Rules pertaining to exportation of bovine animals 11. Jharkhand Govanshiya Pashu Hatya Pratishesh Adhiniyam, 2005 12. Karnataka Cattle Prevention & Preservation Act,2020 13. Madhya Pradesh Govansh, Vadh Pratishedh Adhiniyam, 2004. 14. MaharashtaAnimalPreservation Act 1976 amendment ON 25th may 1992. 15. Manipur Cow Killing Rules 16. Nagaland Armed Police Act 17. Orissa Prevention of Cow Slaughter Act, 1960 18. Pondicherry Prevention of Cow Slaughter Act, 1968. 19. Punjab Prohibition of Cow Slaughter Act 1955. 20. Rajashthan Bovine Animal prohibition of slaughter and Regulation of Temporary Migration or Export Act,1995 21. Tamilnadu Animal Preservation Act, 1958 22. Utter Pradesh Prevention of Cow Slaughter Act, 1955 ( amended by amendment act of 2002) 23. Uttarakhand Protection of Cowprogeny Act 2007 24. West Bengal Animal Slaughter Control Act, 1950 Animal Sacrifice Is it human - Is it legal? Honorable Indian Legislature and Judiciary did their job by enacting prohibition on slaughter, restriction on transportation and even in upholding and directing the Government to stop this heinous, most cruel crime. But scenario is totally different. We all have to wake up, create public movement and compel the Government machinery to implement the law of land in letter and spirit and tell them otherwise to face contempt, argues, DR S K MITTAL Hargij nahi pahunchte Allaha ke pas kurbanio ke gost aur unke khun, Albata pahunchta hai alllah ke pas tumhara Takana aur prahejgari (Kuran Soor-e-haz) EVERY YEAR Id ul Julha commonly known as Bakari Id is celebrated in whole world. A festival of joy converts into big killing spree hurting strong feelings of animal lovers. At least few of us, who witnessed this heinous act, may know how inhumane it is. I personally, could not find any word to describe it! Under Provisions of Prevention of Cruelty to Animals Act, 1960 it is illegal even to exhibit the performance of animals in films where no killing takes place but on Bakari Id day This can be seen every where in the country. Millions of speechless animals irrespective of Camel, cow, goat are brutally slaughtered in name of religion heartening the sentiments of animal lovers and depriving milk to children. All religions propagate compassion to speechless animals. Fundamental Duties Article 51-A of our Constitution decided that It shall be the duty of every citizen of India (G) to protect and improve the natural environment including forests, lakes, rivers/wildlife and to have compassion for living creatures and directed under Directive Principle of State Article 48 that ‘the state shall endeavor to organise agriculture and animal husbandry on modern and scientific lines and in particular take steps in preserving and improving the breeds and prohibiting the slaughter of cows, calves and other milking animals. Though Article 25 provides freedom of conscience and free profession, practice and propagation of religion (subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion) but clarifies that Nothing in this article shall affect the operation of any existing law or prevent the State from making any law. Different religions were propagating and parasitizing their traditional rituals like early marriage, immolation of widow with deceased husband (Sati Pratha) sacrifice on different festivals. But, different Acts were enacted to prohibit these rituals in public interest. Sharda Act prohibited early marriage and there is absolute ban on even glorifying Sati as an old tradition of road side sacrifice and in temples are curbed under different Acts and Rules. All these Acts and Rules are applicable irrespective of cast and creed. Some are here as under: Indian Penal Code 429 puts rigorous punishment on mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow, or ox, what so ever may be the value thereof , or any animal of the value of fifty Rupees or upwards, shall be punished with imprisonment or with fine or both Prevention of Cruelty Act of 1960 was enacted to prevent cruelty to animals and its Rules regulate transportation of animals, slaughterhouses, establishment of Societies for Providing Compassion to Animals (SPCA) etc. Under the provisions of Constitution of India states enacted suitable Act and rules prohibiting slaughter of animals. Like Maharashtra government enacted the Maharashtra Animal Preservation Act, 1976 (9 of 1977), West Bengal Animal Slaughter Control Act, 1950 (22of 1950) , Karnataka Prevention of Cow Slaughter & Preservation of Cattle Act, 1964. etc. On the eve of Bakari Id we find ourselves helpless and watch the gross violation of Union & State Acts & Rules. Preparation starts many month in advance and we find “king of desert” Camel near the sea towns like Chennai , Mumbai Kolkatta and Mangalore. Herds of good healthy cow and other animals can be seen most cruelly transported from one corner of country to other corner without respecting legal provisions and sentiments of animal lovers. Apart from gross violation of law of the land, as a matter of fact it attracts contempt of Honorable Supreme Court decision by Hon’ble Justice J Majumdar, Justice Kuldeep Singh and Justice B.L. Hansaria in Civil Appeal No. 6790, etc of 1983 Wst Bengal State V/s. Ashutosh Lahiri & Others, (civil Appellate Jurisdiction) AIR 1995 S.C. 464 As mentioned above, under Directive to State Principle 48, States enacted law to prohibit Slaughter & West Bengal Animal slaughter Control Act, was enacted in 1950 & under the provisions of its Section 12 State Government exempted the slaughter of healthy cows on the occasion of Bakri Idd. The order was challenged in Calcutta High Court and The Division Bench of Calcutta High Court issued a mandamus to the applicants calling upon them to forbear from giving any exemption under Sec. 12 of the Act in respect of slaughter of cows on the occasion of Bakari Id day therein after. West Bengal Government preferred appeal for its order restoration (permission for slaughter on Bakari Idd), which was rejected. The Honorable Court decided the issue after discussing different issues like religious obligation, democracy, old tradition etc and held that there is no religious obligation. In reference Honorable Court observed the Constitution Bench decision of this Court in Mohd. Hanif Quareshicase1 at (SCR) page 650of the report speaking through Das, C.J Hamilton's translation of Hedaya, Book XLIII at page 592 that it is the duty of every free Mussalman arrived at the age of maturity, to offer a sacrifice on the I'd Kurban, or festival of the sacrifice, provided he be then possessed of Nisab and be not a traveller. The sacrifice established for one person is a goat and that for seven a cow or a camel. It does not appear to be obligatory that a person must sacrifice a cow. Once the religious purpose of Muslims consists of making sacrifice of any animal which should be a healthy animal, on Bakri Idd, then slaughtering of cow is not the only way of carrying out that sacrifice.Itis, therefore, obviously not an essential religious purpose but an optional one.Therefore, held that before the State can exercise the exemption power under Section 12 in connection with slaughter of any healthy animal covered by the Act, it must be shown that such exemption is necessary to be granted for sub serving an essential religious, medicinal or research purpose. If granting of such exemption is not essential or necessary for effectuating such a purpose no such exemption can be granted so as to bypass the thrust of the main provisions of the Act. For lifting the ban it should be shown that it is essential or necessary for a Muslim to sacrifice a healthy cow on Bakr I'd day and if such is the requirement of religious purpose then it may enable the State in its wisdom to lift the ban at least on BakrI'd day. But that is not the position. If any optional religious purpose enabling the Muslim to sacrifice a healthy cow on BakrI'd is made the subject-matter of an exemption under Section 12 of the Act then such exemption would get granted for a purpose which is not an essential one and to that extent the exemption would be treated to have been lightly or cursorily granted. Such is not the scope and ambit of Section 12. One submission was also noted that a person with six other members of his family may afford to sacrifice a cow but may not be able to afford to sacrifice seven goats, and it was observed that in such a case there may be an economic compulsion although there was no religious compulsion. In this connection, Das C.J. referred to the historical background regarding cow slaughtering from the times of Mughal emperors. Mughal Emperor Babur saw the wisdom of prohibiting the slaughter of cows as and by way of religious sacrifice and directed his son Humayun to follow this. Similarly, Emperors Akbar, Jehangir and Ahmad Shah, it is said, prohibited cow slaughter. In the light of this historical background it was held that total ban on cow slaughter did not offend Article 25(1) of the Constitution. In view of this settled legal position it becomes obvious that if there is no fundamental right of a Muslim to insist on slaughter of healthy cow on BakrI'd day, it cannot be a valid ground for exemption by the State under Sec. 12 which would in turn enable slaughtering of such cows on Bakr I'd. In this connection it is also necessary to consider Quareshi case1 which was heavily relied upon by the High Court.The total ban on slaughter of cows even on BakrI'd day as imposed by Bihar Legislature under Bihar Preservation and Improvementof Animals Act, 1955 was attacked as violation of the fundamental right of the petitioners under Article 25 of the Constitution. Repelling this contention the Constitution Bench held that even though Article 25(1) granted to all persons the freedom to profess, practise and propagate religion, as slaughter of cows on BakrI'd was not an essential religious practice for Muslims, total ban on cow's slaughter on all days including BakrI'd day would not be violative of Article 25(1) Dr S K Mittal, LLM,PhD is a known Animal lover, keen writer President Karnataka Goshala Mahasangh, Akhil Karnataka Gauraksha Sangh, Mysore Vice Chairman: SPCA, and served as BJP National Co Convener Cow Development Cell, Member: Animal Welfare Board of India 2004-07, Convener AWBI Jallikattu Inspection Committee, Member AWBI National Inspection Committee on Illegal Animal Slaughter,Sacrifice & Transportation, Legal committee Kerala State, Animal Welfare Board(AWB) Vice Chairman Karnataka Animal Welfare Board etc