The Supreme Court passed an interim order on Friday directing the Union of India to check the illegal movement of animals across the borders to Nepal, in violation of the Export-Import Policy and the Foreign Trade Act.
A bench headed by Justice Jagdish Singh Kehar passed this order in response to a writ petition filed by Dehradun based animal rights activist Gauri Maulekhi, seeking urgent directions to prevent lakhs of animals from being illegally transported across the Indo-Nepal border to be sacrificed at the Gadhimai Festival, scheduled to be held on November 28-29 this year.
About 5,00,000 animals including buffaloes, sheep, pigs, rats, pigeons and chicken are ritually slaughtered at the festival held in Nepal every five years.
According to the petitioner working with People for Animals and Humane Society International, Justice Kehar observed that the sacrifice of animals at the Gadhimai festival was “demeaning and cruel”. He questioned the counsel appearing for the Union of India on measures taken to prevent such brutal treatment being meted out to India’s animals, referring to the fact that 70 per cent of the animals sacrificed at the festival come from India.
Senior advocate, Anand Grover, arguing on behalf of Maulekhi brought the court’s attention to India’s Export-Import Policy, under the Foreign Trade (Development and Regulation) Act, 1992, which categorically places live cattle and buffaloes in the restricted category of exports, requiring a license to legally export them. He further stated that this was being totally flouted as most of the animals were transported illegally through the porous border, without an export license.
“We are very happy that the court passed an order and that the Government is willing to cooperate in our effort to see that the rights of animals, particularly the right to dignity, are preserved and protected and the law is being observed as it should be,” said Grover.
Earlier on October 14, the court had issued notice to the Union of India and the four States of Bihar, Uttar Pradesh, Uttarakhand and West Bengal, from where a majority of the animals are transported illegally. The matter is now posted for November 3.