Unconstitutional: Modi Govt's Ban on Sale of Cattle

Written by S Faizi | Published on: May 27, 2017
 


The Centre's notification restricting the sale of cattle in the country is glaringly unconstitutional and an affront to federalism besides being a blow to farmers. The centre cannot create any law or issue orders/notification on a subject that is in the State list, in the division of legislative powers between the centre and states. Livestock is a state subject. 
 
In the State List under Schedule VII: Paras 15 and 16 cover livestock.
 
Here is the original notification, issued under the Prevention of Cruelty Act, assuming powers that the basic Act itself doesnt have. Sabrangindia has broken the story yesterday along with scroll.in
 
http://egazette.nic.in/WriteReadData/2017/176216.pdf
 
It can also be read here.
 
Interestingly, the world's first animal protection law was passed by Hitler in 1933 to ban the Jewish Koushar meat and to selectively harass Jewish biologists.

Already some states and other individuals and organisations are expressing outrage and expressing their desire to approach the Supreme Court where it is hoped it will be struck down as un-Constitutional.
 
Here are some of the Orwellian terms of the Notification:
 
Restrictions on sale of cattle.— The Member Secretary of the Animal Market Committee shall ensure that-
(a) no person shall bring to an animal market a young animal;
(b) no person shall bring a cattle to an animal market unless upon arrival he has furnished a written
declaration signed by the owner of the cattle or his duly authorised agent—
(i) stating the name and address of the owner of the cattle, with a copy of the photo identification
proof ;
(ii) giving details of the identification of the cattle;
(iii) stating that the cattle has not been brought to market for sale for slaughter;
(c) every declaration furnished to the Animal Market Committee shall be retained by it for a period of six
months from the date on which it is furnished to them and the Animal Market Committee shall, on
demand made by an Inspector at any reasonable time during that period, produce such declaration and
allow a copy of it or an extract from it to be taken;
(d) where an animal has been sold and before its removal from the animal market, the Animal Market
Committee shall—
II (i) 17
(i) obtain the expenses incurred for each animal, as approved by the District Animal Market
Monitoring Committee, so as to provide the basic facilities for animals and people;
(ii) take an undertaking that the animals are bought for agriculture purposes and not for slaughter;
(iii) keep a record of name and address of the purchaser and procure his identity proof;
(iv) verify that the purchaser is an agriculturist by seeing the relevant revenue document;
(v) ensure that the purchaser of the animal gives a declaration that he shall not sell the animal up
to six months from the date of purchase and shall abide by the rules relating to transport of
animals made under the Act or any other law for the time being in force;
(vi) retain such record for a period of six months from the date of sale;
(vii) produce such record before an Inspector on demand being made by him at any reasonable time
during that period and allow a copy of it or an extract from it to be taken;
(e) the purchaser of the cattle shall –
(i) not sell the animal for purpose of slaughter;
(ii) follow the State cattle protection or preservation laws;
(iii) not sacrifice the animal for any religious purpose;
(iv) not sell the cattle to a person outside the State without the permission as per the State cattle
protection or preservation laws;
(f) where a cattle has been sold and before its removal from the animal market, the proof of sale shall be
issued in five copies, out of which first copy shall be handed over to purchaser, second copy to seller,
third copy to tehsil office of the residence of purchaser, fourth copy to the Chief Veterinary Officer in
the district of purchaser and last copy to be kept intact in the record by the Animal Market Committee.