MADRAS HIGH COURT HAS STAYED BAN ON THE SALE OF CATTLE

Author:Rashmi Joshi

HISTORY OF THE COW CASE IN INDIA

Cow is a historically taboo subject in our country because of the cow’s traditional status as a respected creature of God in Hinduism. Dairy products are extensively used in Hindu culture and are one of the most essential nutritional components of Hindu meals. Article 48 of the Constitution of India mandates the state to prohibit the slaughter of cows and calves and other milch and draught cattle. On October 26, 2005, the Supreme Court of India, in a landmark judgement upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. 24 out of 29 states in India currently have various regulations prohibiting either the slaughter or sale of cows. Kerala, West Bengal, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and Sikkim are the states where there are no restrictions on cow slaughter.

THE RECENT CASE

Related to the cattle selling case Centre’s controversial notification issued on May 23, banning sale of cattle in animal markets for slaughter, was on Tuesday stayed by the Madras high court. Thevacation bench of Justice M V Muralidharan and Justice C V Karthikeyan, granting interim stay on the operation of the notification, also issued notices to the state and central governments, seeking reply in four weeks. The interim order effectively stops operation of Rule 22(b) (iii) and Rule 22(e) of the Prevention of Cruelty to Animals (Regulations of live Stock Markets) Rules 2017. The bench passed the order when PILs filed by S Selvagomathy and Asik Elahi Baba of Madurai, seeking to declare those rules as ultra vires the Prevention of Cruelty to Animals Act, 1960 and various other constitutional provisions, came up for admission on Tuesday

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