The MLA has filed a writ petition in the HC, along with a Kochi-based trader Kunju Mohammed.

 Centres rules on cattle slaughter violate Indian Constitution Kerala MLA moves HCMLA Hibi Eden
news Cattle Tuesday, May 30, 2017 - 13:29

Opposition towards the Centre’s new notification banning the sale and purchase of cattle for slaughter in animal markets is growing in Kerala. An MLA has now moved the Kerala High court against the Union Environment Ministry’s gazette notification.  

Congress MLA Hibi Eden, along with a Kochi-based trader Kunju Mohammed filed a writ petition on Monday in the Kerala High Court, seeking that the court issue a writ directing the Centre not to impose the order. 

In the petition, the petitioners make two arguments. One, that the Centre’s rules violate Articles 14 (Equality before law), 19 (personal liberty) and 21 (right to life) of the Constitution of India, and that it infringes upon the rights of the respective state legislatures. 

Kunju Mohammed being a trader based in Kochi's Kaloor, the petition points out that "The introduction of Rule 22 of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, directly affects the petitioner’s right to trade under Article 19(1)(g) of the Constitution of India." 

Claiming that Mohammed had been procuring buffaloes from Andhra Pradesh, Tamil Nadu and other parts of Kerala, the petition argues that the introduction of the Centre's rule has affected his business. 

"The impugned rule is contrary to the parent act and is also unconstitutional in as much as the Centre does not have the legislative competence to frame the impugned Rules under the respective entries in the list," reads the petition, accessed by Livelaw.

The petition also argues that Mohammed (petitioner 1) had no other choice than to approach the court, as the Centre's order has already come into force. Pointing out that Kerala is a state where there is no ban on cattle slaughter, the petition also argues that the new regulation will affect the cattle population in the state, as disposing off aged cattle would now be a problem.

The two petitioners have requested the court to declare that the Centre's order is in violation of the fundamental rights of the citizens of the country. 

Meanwhile, in the wake of stiff opposition from some states, including Kerala, the central government is likely to exempt buffaloes from the 'no slaughter' list, an official said on Monday.

"We have received some representations over the list of animals included (in the new cattle slaughter rules). We are working on it," AN Jha, Secretary in the Union Environment Ministry, told IANS.



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