Supreme Court: Cattle Trade for Slaughter is Legal

The Supreme Court (SC) on Tuesday put a stay order on the Centre’s new rules that had banned the sale of cattle for slaughter. Upholding the Madras High Court's recent stay order on the cattle trade ban, the apex court ruled that the order would apply nationwide.

On May 23, the Narendra Modi-led NDA government had declared the sale and purchase of cattle from animal markets for slaughter “illegal”, with the Union Ministry of Environment, Forests and Climate Change notifying the new Regulation of Livestock Market Rules.

The SC bench headed by the Chief Justice of India, JS Khehar, asked the Centre to modify the law, stating that the "livelihoods of people cannot be subjected to uncertainties".

“Needless to say that the interim direction issued by the Madurai Bench of the Madras High Court shall continue and extend to the entire country,” the SC bench observed.

On Tuesday, the Centre appeared to be on the back foot and did not contest the ban. The government said changes would be made and re-notified.

“The Ministry of Environment and Forests and others authorities concerned are looking into various suggestions and objections to the notification, and a fresh amended one will be re-notified,” said PS Narasimha, Additional Solicitor General, who appeared for the Centre in court.

Kapil Sibal, senior lawyer who represented the Meat Exporters Association, told the SC that the notification had spread fear and phobia among the cattle traders.

Earlier, on June 28, the All India Kisan Sabha had also filed a PIL in the SC against the new rules barring the sale of cattle for slaughter in animal markets. Filed on behalf of farmers and cattle traders, who are not in a position to seek legal redress, the petition urged the court to declare the Regulation of Livestock Market Rules unconstitutional.

"The rules effectively choke the free movement of animals via the market space and, more critically, completely undermine the freedom and rights of farmers, traders and all others whose livelihoods are linked to this production cycle," said AIKS in its petition.

On May 30, the Madurai bench of the Madras High Court had put on hold the Centre’s notification for four weeks.

The bench, comprising Justices M V Muralidharan and C V Karthikeyan, was hearing separate petitions filed by two residents of Madurai. The petitioners had argued that these new rules went against the Constitution, “breached the cardinal principle of federalism”, and were contrary to its parent legislation — the Prevention of Cruelty to Animals Act, 1960.

Welcoming the SC judgment, the CPI(M) said, “This shows the haste in which government tried to push a sectarian agenda thus endangering livelihood of millions of farmers. As the apex court has pointed out, the ‘livelihoods of people cannot be subjected to uncertainties.’” The party urged the NDA government to roll back the notification and end the continual assaults on the farming community.