HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3995/2015 INTERNATIONAL ORGANIZATION FOR ANIMAL PROTECTION AND ORS. ....

IN THE HIGH COURT OF DELHI AT NEW DELHI + 

W.P.(C) 3995/2015 

INTERNATIONAL ORGANIZATION FOR ANIMAL PROTECTION AND ORS. ..... Petitioners Through: Mr. S.D. Windresh, Adv. along with petitioner No.2 in person. Versus 

UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Sanjay Jain, ASG with Mr. Jasmeet Singh, CGSC, Ms. Pallavi Shali & Mr. Akash Nagar, Advs. for UOI. 

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI 

 END LAW O R D E R  22.04.2015 CM Nos.7135/2015 & 7136/2015 (both for exemption) Allowed,

 subject to all just exceptions. W.P.(C) No.3995/2015 

1. The petitioners claim to be the Registered Organizations working for the welfare of the animals, especially, prevention of infliction of unnecessary cruelty upon them and to protect the flora and fauna of the country so as to maintain ecological balance. 

2. This petition, by way of Public Interest Litigation, is filed with the following prayers:- W.P.(C) No.3995/2015 Page 2 of 4 “

(a) To issue a writ, order or direction in the nature of Mandamus or any other type of writ to declare that the bovine meat export promotion policy of APEDA which is Respondent No. 5 in this Petition is illegal as it contravenes the provisions of the Articles No. 21, 39(b) and 39(c), 47 and 48, 51(g) of our Constitution of India, cow slaughter provisions of most of the states, slaughtering of mulching, draught and useful livestock thereby leading to their acute shortage in our country and also non availability and scarcity of milk for the children and old citizens, and also because there is great demand for Indian beef in Arab countries and lot of beef is exported under the banner of buffalo/bovine meat in connivance with the concerned authorities. 

(b) To issue a writ, order or direction in the nature of Mandamus or any other type of writ to declare that the export promotion policy of APEDA Respondent No. 5 of other meat and other meat products shown in the schedule on other meat wherein the term other meat has been shown to include meat of Horses, Asses (Fresh and Frozen), Meat and Edible meat offal of Rabbits and Hares (Fresh and Frozen), Meat and edible and offals of Primates (Fresh and Frozen), Meat and edible Offal of Camels and other Camelide (Fresh and Frozen) wherein the meat of camels and wild animals like monkeys, hares etc. have been included be declared as illegal and unconstitutional being in violation of the Wild Life (Protection) Act, 1972, FSSI Regulations 2011, The Rajasthan Camel (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Bill, 2015 after and Prevention of Cruelty to animals and as the same is also detrimental to the policy and the constitutional duty of the govt. to maintain the flora and fauna and protect the wild animals and is therefore against the law of the land and national interest. 

(c) To issue a writ, order or direction in the nature of Mandamus or of any other type to direct the Ministry of W.P.(C) No.3995/2015 Page 3 of 4 Environment and Forests to amend the toothless Prevention of Cruelty to Animals Act 1960. 

(d) To issue a writ, order or direction in the nature of Mandamus or any other type to direct the disposal of waste of Slaughter Houses by incarceration to Respondents to devise a fool proof mechanism to ensure that no mulching, draught or useful animal is sold for slaughtering purpose without proper medical certificate and state permit. 

(e) To issue a writ, order or direction in the nature of Mandamus or any other type to direct the Respondents to ensure that the provisions of Transport of Animals Rules 1978, Prevention of Cruelty to Animals (Slaughter Houses) Rules 2000 are strictly complied with. 

(f) To issue a writ, order or direction in the nature of mandamus or any other type to ensure that Govansh, Camels, Hares, Horses, Asses, Primates and other prohibited animals are not slaughtered for the purpose of Human consumption or exported and the Respondents to devise a comprehensive and detailed fool proof mechanism to check the same and prescribe heavy penalties and punishment for the violation of the same. 

(g) To pass any other direction, writ or direction in the facts and circumstances of the case in the interest of justice.” 3. Having heard the learned counsel for the petitioners and having perused the material available on record, it appears to us that the petitioners are primarily aggrieved by the export policy of the Ministry of Commerce and Industry which allegedly allowed the export of meat of the primates. It is contended inter alia that the alleged action is in violation of the provisions of the Wildlife (Protection) Act, 1972, Prevention of Cruelty to Animals W.P.(C) No.3995/2015 Page 4 of 4 Act, 1960 and various other statutes enacted for prohibiting the slaughtering of cows and other animals. 

4. We have also heard Mr.Sanjay Jain, the learned ASG who appeared on advance notice on behalf of the respondents. Having regard to the nature of the cause sought to be espoused in the petition we deem it appropriate to dispose of the writ petition with a direction to the respondent No.5-APEDA which is the statutory authority established under the Agricultural and Processed Food Products Export Development Authority Act, 1985, to consider the various issues raised in this petition treating the same as a representation by the petitioners and pass an appropriate order in accordance with law within 12 weeks from today. It is made clear that a copy of the order that may be passed shall be communicated to the petitioners and thereupon, if aggrieved, the petitioners are at liberty to file a fresh petition for appropriate relief. 

5. Accordingly, without expressing any opinion on merits of the case, the writ petition is disposed of with the above directions. 

CHIEF JUSTICE RAJIV SAHAI ENDLA