Justice D.Y. Chandrachud told the government that Rule (22) b (iii) is an interference in the fundamental right of a person to carry on trade protected under the Prevention of Cruelty Act.
A bench of Hon’ble Chief Justice J.S. Khehar & Justice D.Y. Chandrachud was hearing the plea where the order of the Madurai Bench of the Madras High Court staying certain provisions of the livestock rules banning sale or purchase of cattle in markets for slaughter & religious sacrifice was in question. The Supreme Court asked the Centre that “if slaughtering of cattle for food or religious sacrifice is allowed under the prevention of Cruelty Act, why did the government ban sale of cattle for these purposes in the new livestock market rules.”
As reported by the economic times, the Court asked, why can’t a person slaughter an animal and eat it. The Court disposed of the petition & said that “the stay order of Madras High Court on Rules (22) b(iii) & 22(e) of Prevention of Curelty to Animals (Livestock Markets) Rule 2017 will remain as it is. We are not touching that.”
Justice D.Y. Chandrachud told the government that Rule (22) b (iii) is an interference in the fundamental right of a person to carry on trade protected under the Prevention of Cruelty Act. However, there was no stay on the implementation of the other provisions of the Act of 2017.
The Apex Court has granted Liberty to the aggrieved party to approach the Court, when new rules are notified by the government, if they have any grievance. W.P. (Civil) No. 881 of 2014- “Gauri Maulekhi v. Union of India & Others”
As per Rule 22 (b)(iii)- A person bringing a cattle to an animal market for sale has to furnish a written declaration that cattle has not been brought for sale for slaughter. As Per Rule 22(e)(i)-Prohibits a purchaser from further selling the Cattle for slaughter.