D.B.Civil Writ Petition (PIL) No.2009/2014 Gau Raksha Dal Seva Samiti Rajasthan V/s The State of Raj. & ors. Date of Order::- 4.5.2015

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B.Civil Writ Petition (PIL) No.2009/2014 Gau Raksha Dal Seva Samiti Rajasthan V/s The State of Raj. & ors. Date of Order::- 4.5.2015 PRESENT HON’BLE CHIEF JUSTICE MR.SUNIL AMBWANI HON’BLE MR.JUSTICE BANWARI LAL SHARMA Mr.Kuldeep Mathur ) Mr.Lokesh Mathur )-for the petitioner. 
Dr.P.S.Bhati, Addl.Advocate General ) Mr.Kamal Dave )-for the respondents. 
ORDER ( Reportable) BY THE COURT (Per Hon'ble Sunil Ambwani, Chief Justice) 

1. We have heard learned counsel for the petitioner and learned Additional Advocate General. 

2. In this writ petition filed by Gau Raksha Dal Seva Samiti Rajasthan through its General Secretary Shri Pradeep Singh Rathore, various directions have been sought for enforcement of the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Rules framed thereunder, more importantly the Transport of Animals Rules, 1978 (for short, “the Act of 1978”), the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (for short, “the Act of 2 1995”) and the Rules made thereunder and the Rajasthan State Cattle Fairs Act, 1963 (for short, “the Act of 1963”). 

3. The petitioner has prayed for the following reliefs:- “10. Relief(s) prayed for: It is, therefore most respectfully prayed that: 

(A) By an appropriate writ, order or direction, the respondents may be directed to ensure that no bovine animal is sold or purchased in any cattle fair which is not regulated and provided under the Rajasthan State Cattle Fair Act 1963 and the Rajasthan State Cattle Fair Rules 1963. 

(B) By an appropriate writ, order or direction, the respondents may be directed to completely prohibit holding of any local cattle fairs by any local authorities which is not provided and regulated under the Rajasthan State Cattle Fair Act 1963 and the Rajasthan State Cattle Fair Rules 1963. 

(C) By an appropriate writ, order or direction the respondents may be directed to take steps to form special task force at border areas of Rajasthan State for ensuring that no smuggling of bovine animals takes place on foot by persons of nomadic tribes. 

(D) By an appropriate writ, order or direction, it may be directed that no person shall be entitled to purchase any bovine animal in the state who does not fulfills the criteria of an agriculturist and for such identification proper guidelines be framed. 

(E) By an appropriate writ, order or direction the respondents be directed to frame guidelines for establishment of Gram Raksha Dal's and also establish Cattle Pounds (Kanji House) as provided under the Panchayati Raj Rules, 1996 by inviting greater participation of the animal activists. 

(F) By an appropriate writ, order or direction the respondents may be directed to take necessary steps for formation and establishment of societies for prevention of cruelty to animals in accordance with the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of 3 Cruelty to Animals) Rules, 2001. 

(G) By an appropriate writ, order or direction the respondents may be directed to make necessary amendments in the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulations of Temporary Migration or Export) Act, 1995 and Prevention of Cruelty to Animals Act 1960 for providing a right of hearing to the animal activists in the cases involving violation of their provisions. 

(H) Any other relief, which this Hon'ble Court considers appropriate may be passed in the facts and circumstances of the case.” 

4. With the help of the records, which have been made available to the petitioner by various Gram Panchayats as well as the information received under the RTI Act, it has been prima facie established before us that the State Government is not ensuring the compliance of the aforesaid Acts and the Rules, for the purposes of protection of animals including bovine cattle and that the serviceable as well as unserviceable cattle including bovine cattle are being taken out of the State, either for the purposes of agricultural or for slaughtering, without any effective regulation. 

5. The first direction sought by the petitioner is for the enforcement of the provisions of the Act of 1995, which essentially provides for prohibition of slaughter of bovine animals and for that purpose, it also provides for prohibition of possession, sale or transport of beef or beef products in any form; prohibition of export of bovine animals for the purposes 4 of slaughter; and regulation of temporary migration or export thereof for other purposes. 

6. The Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001 (for short, “the Rules of 2001”) provides for “Animal Welfare Organization”, which is registered under the Societies Registration Act of 1860 or any other corresponding law. Under Rule 3 of the Rules of 2001, every State Government is required to establish, as soon as may be and in any event within six months from the date of commencement of these Rules i.e. 26th March, 2001, a Society for every district in the State to be the SPCA in that district, provided that any society for prevention of cruelty to animals functioning in any district on the date of commencement of these Rules, shall continue to discharge its functions till establishment of the SPCA. The Society is required to supervise and assist the State Government, for enforcement of the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Rules made thereunder including the Transport of Animals Rules, 1978. 

7. We are informed that the State Government is in complete default of the provisions of Rule 3 of the Rules of 2001 and has not formed any Society for prevention of cruelty to animals. 

8. Considering the non-compliance of the Rules of 2001, we direct the State Government to constitute the Society for prevention of cruelty to animals in each district of the State within a period of three months and until the constitution of the Society, the petitioner or any other activist with bonafide credentials will be registered by the District Magistrate in the concerned district for carrying out the functions of the Society for prevention of cruelty to animals. They will aid and assist the District Magistrate in enforcing the provisions of the aforesaid Acts and the Rules. Since the petitioner has brought sufficient material and data and its credential have not been doubted, it will be registered in the district Churu by the District Magistrate, to function as activist for prevention of cruelty to animals, within a week. 9. For the purpose of transportation of animals, we direct the State Government to strictly enforce and carry out the provisions of the Transport of Animals Rules, 1978. The Rules of 1978 notify the approximate weight of animal in kilogram and space required in Square Metres for being transported in railway wagon and goods vehicle. Rule 56 of the Rules of 1978 provides for transportation of cattle by goods vehicle. In order to implement the provisions of Rule 56, we are quoting it as follows, for its strict compliance:- “56. When cattle are to be transported by goods vehicle the following precautions are to be taken namely 

 (a) Specially fitted goods vehicles with a special type of tail board and padding around the sides should be used. 

(b) Ordinary goods vehicles shall be provided with anti slipping material, such as coir matting or wooden board on the floor and the superstructure, if low, should be raised. 

(c) no goods vehicle shall carry more than six cattle. 

(d) each goods vehicle shall be provided with one attendant. 

(e) While transporting the cattle, the goods vehicle shall not be loaded with any other merchandise; and 

(f) to prevent cattle being frightened or injured, they should preferably, face the engine.” 

10. The Rajasthan State Cattle Fairs Act, 1963 provides for strict regulation of the State Cattle Fairs, which are held in the State of Rajasthan from time immemorial and are famous around the world. It provides for control of the State Cattle Fairs by the State Government, a number of Cattle Fairs and the area of 20 miles within which the cattle fairs can be held, appointment of a Fair Committee, levy of fair tax, power to impose toll and fees, exclusion of jurisdiction of local authorities, allotment of sites and the power to make Rules. Schedule-I to the Act of 1963 provides for 10 State Cattle  Fairs, which are held on the fixed dates according to Vikram Samvat (Hindu Calendar) and Schedule-II provides for rates of fair tax for the different categories of animals. 

11. Sub section (5) of Section 7 of the Act of 1995 provides that a special permit can be issued by the Competent Authority in the prescribed manner for export of bovine animal from Rajasthan and before granting such permission the Competent Authority shall also ensure that such export in no way reduces the number of such bovine animal below the level of actual requirement of the local area. Sub-section (7) of Section 5 is quoted below:- 

“5. Prohibition of export of bovine animal for the purpose of slaughter and regulation of temporary migration or export for other purposes...... (7) The Competent Authority may issue special permit in the prescribed manner for export of bovine animal from Rajasthan for agricultural or dairy farming purposes or for participation in a cattle fair, and before granting such permission the Competent Authority shall also ensure that such export in no way reduces the number of such bovine animal below the level of actual requirement of the local area.” 

12. The provisions of the Act of 1995 and the Rajasthan Cattle Fairs Act, 1963 have to be read together for allowing any cattle fair to be held and the maximum number of cattle to be sold in such fairs. The Rules also require strict 8 compliance and adherence of the provisions of the requirement of medical certificate as well as the declaration given by a person, who purchases the animal for taking it outside the State of Rajasthan and that the animal is being bought only for the purpose of use for agricultural. The information furnished by the various Panchayats under the RTI Act to the petitioner more than clearly demonstrates that in all the cases where the cattle fairs are held, the auction for collection of revenue (fees) is through contractors and the contractors are given authority for holding fairs and auctions. Having settled the auction, no further supervision is made by the State authorities and that it is not ensured whether more than sufficient number of cattle have been sold in the cattle fairs, medical certificates are accompanied and requisite information has been obtained from the purchasers. 

13. The need of animals meat in Bangladesh and opening of meat processing has raised a demand of cattle to be exported outside the Rajasthan and thus, there is a need to ensure strict enforcement of the aforesaid Acts and the Rules. 

14. We hereby direct that no cattle fair will be held unless and until the State Government is satisfied regarding the need of the cattle in a particular area and the maximum number of cattle which can be sold in a particular cattle fair. This will also apply to all categories of animals including bovine cattle. We also direct that the organization of the cattle fairs will be  controlled and regulated by the State Government through the Sub-Divisional-Officer, who is notified Cattle Officer or the Panchayats, who have direct control. They will not be subservient to the contractors. The Panchayats will continue to control the cattle fairs and for protection and welfare of the cattle including bovine animals, it will be open for them to make complaints, if any contractor or person violates the provisions of the aforesaid Acts and the Rules. 15 We also direct in continuation to the provisions of the aforesaid Acts and the Rules that no cattle will be allowed to be transported unless the sale is accompanied with the medical certificate of cattle and cattle is marked. We further direct that every affidavit given when the cattle is purchased will also be accompanied with sufficient proof of the agricultural holdings of that person in the State of Rajasthan or any other State where he permanently resides. He will also have to bring a certificate from the District Collector that such person is not running slaughter house or not agent of any slaughter house. The Rules with regard to transportation of cattle will be strictly enforced and complied with. Each movement of the cattle will be accompanied with medical certificate and will comply with the conditions of the movement. In no case, animals will be over crowded in any vehicle whether the transport vehicle or goods vehicle or railway wagon. 

16. The State Government shall strictly enforce and carry out the provisions of the Transport of Animals Rules, 1978. It will also lay down guidelines for transportation of cattle and ensure strict compliance of Rule 56 of the Rules of 1978. 

17. For effective regulations, we sum up the directions as follows:- 

(A) The State Government will establish “Animal Welfare Organization” registered under the Societies Registration Act of 1860 or any other corresponding law in every district of the State, under Rule 3 of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001. The “Animal Welfare Organization” will be established in each district within three months. If any Society is functioning in any district, it shall continue to discharge its functions until the establishment of Society for prevention of cruelty to animals in that district. 

(B) Until the establishment of the Society for prevention of cruelty to animals, any activist with bonafide credentials, working for prevention of cruelty to animals, will be registered by the District Magistrate for carrying out the functions of the Society for prevention of cruelty to animals. The petitioner will be registered as activist by the District Magistrate in District Churu for the 11 said purpose.

 (C) It will be open to the Society and the activists to intervene in the prosecutions under the aforesaid Acts and to assist the Court. 

(D) The provisions of the Transport of Animals Rules, 1978 will be advertised by the State Government in the daily newspapers every month for the first year, giving the statutory guidelines in Rule 56 of the Rules of 1978. 

(E) The Competent Authority under the Rajasthan State Cattle Fairs Act, 1963 will carry out the survey to ensure that the export of animal bought in the cattle fairs in no way reduces the number of bovine animal below the level of actual requirement of the local area. This survey under sub-section 7 of Section 5 of the Act of 1995 will be carried out atleast a month before every cattle fair and will be notified in the daily newspapers. The advertisement will also carry out the details of the maximum number of animals which can be sold and bought in the cattle fair. 

(F) The auction for collection of fees in the cattle fair will not authorize the contractor to run and supervise the cattle fair. The supervision of the cattle fair will be in the local Panchayat. 

(G) The contractor, with whom the collection of revenue will be settled, will have to produce a certificate of the 12 Collector of the district in which he resides that he is not engaged in slaughter of animals in any manner, nor is agent of any slaughter house. 

(H) Each animal sold in the cattle fair will require a medical certificate and marking on the animal before removing it. The purchaser in addition to the affidavit will in order to show that he is not buying the animal for slaughtering, but for agricultural purposes, enclose revenue records of his agricultural holding in proof of his claim. 

(I) The transportation of cattle will be permitted only when the sale is coupled with medical certificate and marking on the animal and strictly in accordance with the provisions of the Transport of Animals Rules, 1978. 

(J) A Cell will be formed in the Animal Husbandry Department of the State to supervise the regulations and for compliance of the directions of this Court. It will submit a report in every two months alongwith the details and statistics of the compliance. 

 Let this matter be listed again on 8th July, 2015. 

 (BANWARI LAL SHARMA),J.                       (SUNIL AMBWANI),CJ.