The Centre’s notification banning sale and purchase of cattle at animal markets for slaughter is “anti-Constitution” and an attempt to encroach upon powers of the States, Karnataka law Minister TB Jayachandra said on Tuesday.
Jayachandra, who briefed the Cabinet on Tuesday about the Centre’s notification, said the State will arrive at a stand in the next Cabinet sitting. “The rules framed under the Prevention of Cruelty to Animals Act overlaps the provisions of the State Act, and also contradicts the Central Act, so my opinion is it (new rules) will not stand the test of law,” Jayachandra told reporters after the Cabinet meeting.
He said it can be questioned by anybody in the courts. The State has its own Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 in place.
Meanwhile, Animal Husbandry Minister A Manu has said in Mysuru that the Karnataka is contemplating to move the court against the Centre’s notification.
Earlier in the day Chief Minister Siddaramaiah had tweeted saying it was a State subject. He tweeted “We are examining devpmts & awaiting Govt Order on Centre’s recent curb on sale of cattle for slaughter, esp since this is a State subject (sic).” “We r assessing impact of Centre’s notfctn reltd to PCA (Prevention of Cruelty to Animals) on farmers, cattle rearers & animal mkt. All stakeholder interests must b protected (sic),” he said in another tweet.
However chief minister Siddaramaiah had on Sunday said in Kalaburgi that the cow law was not binding on the state government.
He said “ It is not binding on the State to implement the Centre’s curbs on sale of cattle for slaughter as it is a State subject.” On Friday, the Centre had issued a notification — ‘Prevention of Cruelty to Animals (Regulation of livestock Markets)Rules-2017’ — banning the sale of cattle in animal markets for slaughter.
Siddaramaiah said that the state government would first examine the Centre’s notification and then take a decision on implementing this.
Karnataka Beef and Poultry Market Association President Khasim Ejaz Ahmed Kureshi said more than one million people have been employed in this industry.
It was the Congress government 2013 reversed the then BJP government’s amendment to the 1964 Karnataka Prevention of Cow Slaughter and Cattle Preservation Act passed by both the Houses making punishment for cattle slaughter more stringent. Siddaramaiah had then protested the legislation saying it would affect the livelihood of people engaged in cattle transportation and impact those who ate beef. The amendment, however, did not receive Presidential assent.
Karnataka Agriculture Produce Marketing Regulation Act, 1966, allows sale of cattle, sheep, poultry in APMC yards. There is no restrictions on the sale of cattle for any purpose. If the new law is imposed the state government must take steps to regulate the sale of cattle in APMCs and shandies(weekly gathering) in the state.
According to the prevailing law which is five decades old milch cows and calves cannot be slaughtered. Section 15 of the Act extends protection of government officials who are assigned to execute the cow protection law. The Gow rakshaks in the state use to take refuge in the old law but state government warned that no institution or individuals can take law into their hands in the name of cow protection.
However union environment ministry has said the new rules banning sale and purchase of cattle at animal markets for slaughter will remove the scope of illegal sale and smuggling of bovines, besides ensuring their welfare.
The statement of the ministry came days after it notified the Prevention of Cruelty to Animals (Regulation of livestock Markets) Rules, 2017, banning the sale and purchase of cattle at animal markets for slaughter.
It said the rules will ensure adequate facilities for housing, feeding, feed storage area and water supply for the cattle.
