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LATEST NEWS UPDATES | Cattle trade rules: Government was warned within -Sowmiya Ashok

Cattle trade rules: Government was warned within -Sowmiya Ashok

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published Published on Jul 26, 2018   modified Modified on Jul 26, 2018
-The Indian Express

An RTI query filed by The Indian Express with the MoEF revealed that the Animal Welfare Board of India (AWBI) was questioned as early as June of 2016 over its jurisdiction to draw up federal guidelines to regulate animal markets.

New Delhi:
Fifteen months before the controversial cattle trade rules were withdrawn by the Centre, questions were raised internally during the framing stage on whether the central government was “competent” to make rules under what was essentially a state subject, a Right to Information application filed by The Indian Express has revealed.

The Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, notified on May 23, 2017 banned sale of cattle for slaughter in animal markets, it was later withdrawn in October 2017, and subsequently revised, after a discussion headed by a Group of Ministers headed by Union Minister Nitin Gadkari.

Between the draft and final notification stage in early 2017, the Ministry of Environment and Forests (MoEF) received only 13 representations. One from the Animal Welfare Board of Uttarakhand government, and none objecting to the ‘ban on slaughter’ clause.

An RTI query filed by The Indian Express with the MoEF revealed that the Animal Welfare Board of India (AWBI) was questioned as early as June of 2016 over its jurisdiction to draw up federal guidelines to regulate animal markets.

“… the said Rules are within the purview of State List. Further, since each State is competent to formulate rules and regulations as per their requirement for cattle, is Central Government competent to make Rules under State List?” noted a letter written to then chairman of the AWBI by joint secretary Anil Sant at MoEF’s Animal Welfare Division.

The Rules were framed following a writ petition filed in 2014, where the Supreme Court passed an order on July 13, 2015 to frame guidelines to prevent animals from being smuggled out of India for the Gandhimai Festival held in Nepal. The SC also directed that rules with regard to Livestock Market be notified. On July 12, 2016 the Supreme Court directed the Ministry to frame rules under Section 38 of the PCA Act, 1960.

Pointing to “two averments” in his June, 2016 letter, Sant asked AWBI about the need to frame another set of Rules, “which may be overlapping with Rules already in existence. This may require reconciliation,” he wrote. He asked the AWBI to “re-examine and provide comments and clarifications at an early date.”

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The Indian Express, 24 July, 2018, https://indianexpress.com/article/india/cattle-trade-laws-is-central-government-competent-to-make-rules-under-state-list-5272460/


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