The Government’s controversial rules to curb cow slaughter faced a legal barrier in Supreme Court after a RTI reply by the lok Sabha Secretariat produced in Court stated that the Rules did not receive approval from the Parliament, a condition precedent for the Rules to come into force.
The Rules in question called the Prevention of Cruelty to Animals (Regulation of livestock Market) Rules 2016, are inoperative at present due to a stay granted by the apex court. However, the validity of Rules are pending challenge before the Court.
On Friday, one of the petitioners, Sabu Stephen, informed the court that the Rules cannot be acted upon in any case as it was not passed by Parliament. In support of this plea, his lawyer produced a RTI reply dated July 27, 2017 given by the lok Sabha Secretariat which stated that the Rules in question was not placed either before the lok Sabha or Rajya Sabha.
The petitioner pointed out that under the Prevention of Cruelty Act, every Rule must be placed before the Parliament. Further, the Manual of Parliament Procedure required Parliament’s approval for any Rule to come into effect.
The Bench of Chief Justice JS Khehar and Justice DY Chandrachud asked Additional Solicitor General (ASG) PS Narsimha to take instruction in this regard and report next Friday.
The Rules faced resistance from cattle meat traders and exporters as it contained provisions barring trade of cattle at livestock markets for purpose of slaughter.
Following stay of the Rules by the Madras High Court, the petitioners urged the Court to extend the stay across the country. The Bench on July 11 ordered stay of two Rules namely the Regulation of livestock Market Rules 2016 and Care and Maintenance of Case Property Animals Rules 2017. later, it was discovered that the Madras High Court did not consider the latter rules and the matter was again brought before the apex court for modifying its earlier order.