Tuesday, 2 June 2015

WRIT PETITION (CIVIL) NO. 210 OF 2015 on ILLEGAL SMUGGLING OF CATTLE TO BANGLADESH

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.               OF 2014
IN THE MATTER OF:
Akhil Bharat Krishi Goseva Sangh
Registered Address at Gopuri
Vardha 442 001
Maharashtra
Correspondence Address:
Vardhman Nagar,
Near Swami Samarth Kendra
Malegaon, District Nasik
Maharashtra 423203
Through Kesarichandji Sampatraj Mehta
…Petitioners
Versus
1.       Union of India
Through its Cabinet Secretary
Ministry of Home Affairs
North Block, Central Secretariat
New Delhi 110001                                                          

2.       Union of India
          Through its Cabinet Secretary
Ministry of Railways
New Delhi

3.       State of Rajasthan
          Through its Secretary
Ministry of Home Affairs
Jaipur, Rajasthan

4.       State of Madhya Pradesh
          Through its Secretary
Ministry of Home Affairs
Gwalior, Madhya Pradesh

5.       State of Uttar Pradesh
          Through its Secretary
Ministry of Home Affairs
Lucknow, Uttar Pradesh

6.       State of Bihar
          Through its Secretary
Ministry of Home Affairs
Patna, Bihar.                                                         Respondents

WRIT PETITION UNDER ARTICLE 32 OF
THE CONSTITUTION OF INDIA
To
The Hon’ble Chief Justice of India
And his Companion Justices of the
Hon’ble Supreme Court of India
The humble petition of the
Petitioner abovenamed
MOST RESPECTFULLY SHOWETH:
1.            That the present writ petition has been necessitated as there is rampant smuggling of live cattle across the border to Bangladesh, which has led to depletion of cattle wealth of this country. The smuggling of cattle across the border of Bangladesh has led to overall disruption of ecosystem and if the cattle wealth of country is depleted then it shall also have adverse impact on nutrition of populis including children in India.
1A.     It is submitted that the Akhil Bharat Krishi Goseva Sanga, Gopuri, Wardha, Maharashtra is the registered public trust and it is registered under the Bombay Public Trust Act, 1950,  at Assistant Charity Commissioner, Wardha Sub-Registrar, Wardha, Maharashtra at their Sl.No. F-668.

2.            The Petitioner is a registered public trust and which was initially founded by Mahatma Gandhi and later on nurtured by Vinoba Bhave. The Petitioner was also one of the interveners in seven judges’ Constitution Bench of the Hon’ble Supreme Court of India which rendered the decision in 2005.

3.            It would be relevant to mention that export of live cattle and buffaloes is prohibited under Section 5 of Foreign Trade (Development and Regulation) Act of 1952 but due to various syndicates operating, the smuggling of cattle is unchecked and rampant on the porous borders of Bangladesh.

4.            According to 18th Livestock Census of 2007, there is dangerous cattle depletion as it has been reviewed from 451 animals per thousand of person in 1951 to about 175 in 2003. Recently, the Livestock census of 2013 has put the ratio of Cattle: Human is 157 per thousand human.
                   “Decline in number of animals per 1000 persons in India Number of Animals per 1000 people and percentage decrease since 1961

Species
1961
1991
2003
Decrease since 1961
Buffalos
113.2
95.2
90.7
20%
Cattle
388.1
235.7
175.9
55%
Sheep
88.9
57.6
58.0
35%
Goats
134.5
132.3
112.7
16%

Source-FAO, 2004.

        The Food and Agriculture Organization (FAO) in 1996 confirmed that ‘the diversity of domestic animals breeds is dwindling rapidly. Each variety that is lost takes with in irreplaceable genetic traits- traits that may hold the key to resisting disease or to productivity and survival under adverse conditions.’ For example, some of the declining indigenous breeds today are Pangunur, Red Kandhari, Vechur, Bhangari, Dhenani, Lohani, Rojhan, Bengal, Chittagong Red, Napalese Hill, Kachah, Siri, Tarai, Lulu and Sinhala.
The dramatic decline in livestock  population in India has reached grave proportions. If measures to arrest this trend are not taken now, most of us will witness the extinction of traditional livestock within our lifetime, and with it the foundation of sustainable agriculture will disappear.”

5.            That depletion of cattle would ultimately lead to reduction in availability of milk which is necessary for maintaining nutrition of vast population of this country. The extinction of sturdy and genetic diverse breeds which are more akin to Indian climatic conditions would result in further dependence of exotic breeds which are unsustainable in the long run. Therefore, it is imperative that the cattle breeds which are on the verge of extinction are duly protected by some proactive measures and genetic variety is duly preserved. The extinction of diverse genetic breeds of cattle is also disruptive of ecosystem inconsistent with the principles of sustainable developments which has duly become part of our constitutional jurisprudence.

6.            Various types of domestic animal genetic resources exist in India. there are 26 breeds of cattle and eight breeds of buffalo. Among the smaller hoofed animals, 42 breeds of sheep and 20 breeds of goat have been identified. Eight breeds of camel are known and six breeds of horses are native to India. There are 17 breeds of domestic fowl, in addition to native pigs, mithun and yak. With a repository of one-ninth of the germplasm of cattle breeds in the world and all breeds of the riverine buffalo (as distinct from the swamp buffalo, found in Southeast Asia, India is definitely rich in these resources. Its share of world genetic wealth in sheep, goat and cattle is around 20 percent, 33 percent and 16.5 percent respectively. Laddakh and Northeast re also home some unique domesticated breeds.

7.            There are 26 well defined breeds of cattle in India, constituting around 18 percent of the country’s total cattle population. The remaining 82 percent of the cattle are referred to as nondescript and are generally named after the region they come from. For optimal productivity of the animal, attention should be paid to the breeding partners, which should possess good characteristics such as high milk yield. There is often not done. Like other native animals, Indian cattle are well-adapted to a hot climate and resistant to many diseases. It is precisely for these qualities that they have been used for crossbreeding in other countries. But in India, the number of pure-bred cattle has declined drastically. There is great variation in body size, colour, pattern, horns and other physical characteristics of Indian breeds, apart from yield and use. The indigenous cattle breed Zebu (Bos indicus) differs substantially from the European (Bus taurus). Zebu can be classified into three sub-types: dairy breeds, dual-purpose breeds (used for draught, with medium milk yield) and draught cattle. The Siri cattle of Sikkim and the local cattle of Himachal Pradesh and the hills of Uttar Pradesh are excellent for draught work at high altitudes. The cattle of Assam and Bengal are useful for agricultural operations on small holdings and terraces. The Hariana breed, renowned in rural north India for its draught power and milk production, especially in its native tract in Haryana (Rohtak, Bhiwani and Sonepat and adjoining areas of Rajasthan, Punjab and Uttar Pradesh) is facing the effects of the green Revolution. Mechanisation and commercialization of agriculture (which led to shrinking areas for grazing), over-enthusiastic crossbreeding and the emergence of buffaloes as commercial dairy animals have sounded the death knell for the breed.

8.            The factum of smuggling of cattle across Indo-Bangladesh border was also shared by the Govt. of India with all the Principal Secretaries (Home) of various States like Uttar Pradesh, Rajasthan, Arunachal Pradesh, Maharashtra, Gujarat, Tripura, Mizoram, Meghalaya, Assam, Haryana, Punjab, Madhya Pradesh, Bihar, Orissa, West Bengal, Andhra Pradesh, Karnataka and Railway Protection Force, Rail Bhawan. A copy of the letter dated 27.01.2011 addressed to Principal Secretary (Home), State of West Bengal is annexed herewith and marked as ANNEXURE P-1. (at pages           ).This view was also highlighted by the Union of India vide letter dated 14.03.2011.

9.            The Government of Meghalaya in its letter dated 27.07.2011 has addressed to the Govt. of India stating inter alia that there is rampant smuggling of cattle going on in the border districts of Assam and West Bengal and the some proactive  measures may be taken for arresting the same. A copy of the letter dated 27.07.2011 addressed by Govt. of Meghalaya is annexed herewith and marked as ANNEXURE P-2. at pages

10.         On 28.07.2011, there is an article in Indian Defence Review by V.K. Shashi Kumar about modus operandi of smuggling of cattle across the Bangladesh border.

11.         The factum of smuggling of cattle to Bangladesh has been reported by several experts and newspapers, including those published by authors in Bangladesh:
a.            In Daily Star (a prominent newspaper of Bangladesh) published on 11.06.2013, it has been clearly mentioned that there is rampant smuggling of cattle to Bangladesh and some of them is legalized by charging revenue but most of it is illegal. A copy of the news published in Daily Star (a prominent newspaper of Bangladesh) on 11.06.2013 is annexed herewith and marked as ANNEXURE P-3. at pages
b.            Similar news was published by Daily Star on 04.10.2013. A copy of the news published in Daily Star (a prominent newspaper of Bangladesh) on 04.10.2013 is annexed herewith and marked as ANNEXURE P-4. at pages
c.            Mohd. Abdul Majid who was former Chairman of National Board of Revenue [NBR] in Bangladesh also wrote an article in Financial Express published on 05.10.2014 regarding rampant smuggling of cattle across Bangladesh border and its economies. A copy of the news published in Financial Express on 05.10.2014 is annexed herewith and marked as ANNEXURE P-5. at pages
d.            An article was also written by Shri Bimal Pramani, who is also a Director for Center for Research in Indo-Bangladesh Relations, Kolkata. It highlighted the rampant smuggling of cattle across the Bangladesh border and thereby augmenting the revenue of Bangladesh.
e.            There is also an article published by Zahoor Ahmad Rather regarding India-Bangladesh Cattle Smuggling – Challenges and Opportunities in Research Paper of International Journal of Scientific Research (IJSR) reported as Volume3 (Issue 3) March 2014. It also highlighted that the estimates suggest that about 20,000 to 25,000 cattle heads worth $ 81,000 from India are smuggled daily into Bangladesh. A copy of the article dated March 2014 is annexed herewith and marked as ANNEXURE P-6. at pages
f.             That there was also a Country Presentation of Bangladesh on Policy Dialogue on Economic and Transport development in Border Areas in eastern South Asia on 4-5 December at Shillong (Meghalaya) in which it has been specifically stated that the Revenue from cattle corridor is 60.24 mill BD Tk. A copy of the Report of a Country Presentation of Bangladesh on Policy Dialogue on Economic and Transport development in Border Areas in eastern South Asia on 4-5 December at Shillong (Meghalaya) is annexed herewith and marked as ANNEXURE P-7. at pages
g.            There is also an article published in the title of “The ‘unofficial’ cow trade” on www.bdnews24.com in which it has been mentioned that Government had already earned Tk 130 million from 272,628 animals that entered through corridor during the year 2013. It has also mentions the entire modus operandi about the routes through which the cattle is being transported and also the study breeds namely Haryanvi & Sindhi variety are being transported. A copy of the article “The ‘unofficial’ cow trade” published on www.bdnews24.com is annexed herewith and marked as ANNEXURE P-8. at pages
h.           There is also an article on Daily Star on 04.10.2013 in Bangladesh which has given vivid description of cattle smuggled or brought to Bangladesh by paying requisite customs duty. A copy of the article published on Daily Star on 04.10.2013 in Bangladesh is annexed herewith and marked as ANNEXURE P-9. at pages                                                                                                                                                                                                                                                                                                                                                                                                                                                           

12.         The measures adopted by the Union of India to tackle the problem do not commensurate with the magnitude of the problem. In a reply to the question asked in the Parliament, the Ministry of Home Affairs on 30.04.2013 has given the details of the total cattle seized including the milch cattle. The seized cattle, especially the milch cattle, is highly inadequate to the problem existing on the ground. A copy of the question asked in the Parliament and answer given by the Ministry of Home Affairs on 30.04.2013 is annexed herewith and marked as ANNEXURE P-10. at pages 72 - 74

13.         In July 2013, a special report was also published with regard to cattle smuggling and it has been clearly mentioned as to how cattle smuggling is devastating the extent and magnitude of the problem and the said report is also available on internet on website www.orfonline.org. A copy of the report dated July 2013 published by Observer Research Foundation is annexed herewith and marked as ANNEXURE P-11. at pages 75 - 87

14.         The Hon’ble Supreme Court of India vide interim order dated 17.10.2014 passed in Writ Petition (Civil) No.881 of 2014 titled as Gauri Maulekhi vs. Union of India & Ors. with regard to export of cattle on eve of particular festival Gandhi Mai Mela in Nepal, directed that there shall be no export of live cattle and buffaloes to Nepal. A copy of the order dated 17.10.2014 passed by the Hon’ble Supreme Court of India in W.P.(C) No. 881/2014 is annexed herewith and marked as ANNEXURE P-12.  (at pages         88- 89 ). A copy of the order dated  03.11.2014 passed by the Hon’ble Supreme Court of India in W.P.(C) No. 881/2014 is annexed herewith and marked as ANNEXURE P-13.  (at pages         90 - 91). A copy of the order dated 21.11.2014 passed by the Hon’ble Supreme Court of India in W.P.(C) No. 881/2014 is annexed herewith and marked as ANNEXURE P-14.  (at pages         92 - 93).
15.         It would be relevant to mention that in pursuance to the aforesaid order, the Government of India has passed an Order dated 31.10.2014. A copy of the Government Order No. 192/SSB/LC-2014/1132-33 dated 31.10.2014 issued by the Government of India, Ministry of Home Affairs is annexed herewith and marked as ANNEXURE P-15. At pages 94 -95
          A copy of the Circular No. 192/SSB/LC-2014/1128-31 dated 31.10.2014 issued by the Government of India, Ministry of Home Affairs  is annexed herewith and marked as ANNEXURE P-16. (at pages 96 - 97). A copy of the Memo No. 3/SSB/Ops/Misc/14(&9)/7223-27 dated 10.09.2014 issued by the Government of India, Ministry of Home Affairs is annexed herewith and marked as ANNEXURE P-17. at pages 98 - 99
16.         It is respectfully submitted that some of the most sturdy breeds of cattle are exported from Rajasthan, Bihar, Punjab, U.P. and Haryana via railways as well as road transport.
17.        That specific Rules have been framed but the Rules framed under prevention of cruelty to Animals Act, have either not been implemented or are not adequate to meet the magnitude of the problem. The States like Rajasthan, Madhya Pradesh and UP specifically inhibits transportation of cattle but there are some escape routes in the form of allowing for agriculture & milching leading to transportation of cattle in thousands. The certificates are issued by competent authority in mechanical manner and sometimes issued for young calves which are per se not fit for agriculture operations or milching. It is also respectfully submitted that it has come to light that the superior breeds like Nagori Bullocks are transported from Rajasthan ostensibly to Bihar for agriculture purpose but they are ultimately smuggled across the borders of Bangladesh. The same case is with respect to States like Punjab, Haryana, U.P., M.P. & Bihar. Thus, appropriate rules must be framed which sufficiently prevent transportation of cattle across the state via Railway or Road route.
18.        It is therefore clear that the action of the ………………. Of the Constitution of India and therefore the present writ petition is preferred on the following amongst other grounds:
Grounds
A.           It is most respectfully submitted that preservation and protection of cattle is not only enjoined under Article 48 of the Constitution of India but it is also necessary for sustainable development in India. The cattle provides invaluable nutrition to the multitude of people residing in this country and dwindling of cattle shall have catastrophic effect in the medium and long term. Thus, preservation and protection of cattle is sine qua non for sustainable development as well as inter-generational equity. It is now well settled that cannons of environmental law like sustainable development and inter-generational equity are sine qua non for right to live as enshrined under Article 21 of the Constitution of India. It is also relevant to mention that preservation and protection of cattle is necessary even for anthropocentric bias if not eco-centric policies as has been laid down by this Hon’ble Court in T.N. Godavarman Thirumulpad vs. Union of India & Ors. [(2012) 3 SCC 277] and T.N. Godavarman Thirumulpad vs. Union of India & Ors. [(2012) 4 SCC 362].

B.           That there has been free transportation of cattle from States like Rajasthan, U.P., Bihar, M.P. & Odisha, despite some of the States like M.P. and Rajasthan having provisions for transport of cattle from respective States. Normally, certificates are issued in routine that the cattle being transported is for agricultural purposes. This practice has to be stopped and transportation of cattle across the States should only be done after prior approval from the concerned authorities and concerned provisions must be implemented in full earnest so that there is no transportation of cattle from aforesaid States to West Bengal border. Similarly, even the Railways must be directed to not to allow transportation of cattle via Railways and there must be stringent regulatory mechanism for transportation of cattle through Railways. It is also suggested that the vehicles caught in transportation of cattle may be confiscated so there is no repeat of illegal transportation of cattle.

C.           That the architects of our Constitution have envisaged that even though Directive Principles of State Policy shall be not justiciable but still the State would endeavour to implement and execute the solemn promises contained in Directive Principles of State Policy. The State may not have enough resources to implement all the principles laid down in Part IV of the Constitution of India but the State is equally inhibited from following policies which are inconsistent with or repugnant to cardinal principles enshrined in Part IV of our Constitution. The Article 48 of the Constitution of India mandates that the State shall take steps for improving and preserving the breeds as well as prevent slaughter of cow and other milch and draught cattle. However, the State has a lackadaisical attitude which has led to increase in slogging of cows and calves, cattle across the West Bengal border and thereby the State in its action is acting contrary to the mandate of Article 48 of the Constitution of India.

D.           There is positive direction of preserving of breeds under Article 48 of the Constitution of India but the introduction of exotic breeds and the callous attitude on part of State has led to certain genetic breeds of cattle becoming extinct and some of them are on the verge of extinction. Therefore, it is imperative from both eco-centric as well as anthropocentric point of view to preserve the breeds which are on the verge of extinction.

E.           The unabated slaughter of cows, calves and cattle by smuggling and transportation across the border into Bangladesh shall also have long term repercussions on the nutrition and public health. There should be adequate supply of milk so as to raise nutrition and cattle is an important ingredient for improving public health and therefore depletion of cattle would adversely affect public health in the medium and long run. This would be violative of Article 14 read with Article 47 of the Constitution of India.

PRAYER
        It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
          a.       issue of writ of certiorari to direct the Union of India to take appropriate steps to prevent smuggling of cattle into Bangladesh
          b.       issue of writ of certiorari to Direct the Railways to take appropriate steps so that there is no illegal transportation of cattle across the States
          c.       issue of writ of certiorari to Direct the States of Rajasthan, U.P., M.P., Bihar and Odisha to check illegal transportation of cattle and to check loopholes by which cattle is transported to West Bengal and then to Bangladesh.
          d.       issue of writ of certiorari to Direct the Union of India to constitute a Cattle Board or a body which could protect and preserve the indigenous breeds which are on the verge of extinction
        e.     pass any other such order/s as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
        AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IS DUTY BOUND SHALL EVER PRAY.

Drawn by:                                                                 Filed by:

DR.MANISH SINGHVI
Advocate                                                               SHANTANU SAGAR
                                                                   Advocate for the Petitioner



IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.         OF 2014
IN THE MATTER OF:
Akhil Bharat Krishi Goseva Sangh                              Petitioner


Versus



Union of India & Ors.                                            Respondents






PAPER BOOK

[For index kindly see inside]



















ADVOCATE FOR THE PETITIONER: SHANTANU SAGAR



INDEX
Sr.No
particulars
pages
1.
Listing Proforma
A –A1
2.
Synopsis & List of dates
B - C
3.
Writ Petition with Affidavit.
1 - 17
4.
ANNEXURE P-1:
A copy of the letter dated 27.01.2011 addressed to Principal Secretary (Home), State of West Bengal.




18- 19
5.
ANNEXURE P-2:
A copy of the letter dated 27.07.2011 addressed by Govt. of Meghalaya.



20 - 21
6.
ANNEXURE P-3:
A copy of the news published in Daily Star (a prominent newspaper of Bangladesh) on 11.06.2013.




22- 24
7.
ANNEXURE P-4:
A copy of the news published in Daily Star (a prominent newspaper of Bangladesh) on 04.10.2013.




25- 28
8.
ANNEXURE P-5:
A copy of the news published in Financial Express on 05.10.2014.



29 - 32
9.
ANNEXURE P-6:
A copy of the article dated March 2014.


33- 47
10.
ANNEXURE P-7:
A copy of the Report of a Country Presentation of Bangladesh on Policy Dialogue on Economic and Transport development in Border Areas in eastern South Asia on 4-5 December at Shillong (Meghalaya).







48 - 62
11.
ANNEXURE P-8
A copy of the article “The ‘unofficial’ cow trade” published on www.bdnews24.com.




63 – 68
12.
ANNEXURE P-9:
A copy of the article published on Daily Star on 04.10.2013 in Bangladesh.



69 – 71
13.
ANNEXURE P-10:
A copy of the question asked in the Parliament and answer given by the Ministry of Home Affairs on 30.04.2013.





72 - 74
14.
ANNEXURE P-11:
A copy of the report dated July 2013 published by Observer Research Foundation.




75 - 87
15.
ANNEXURE P-12:
A copy of the order dated 17.10.2014, passed by the Hon’ble Supreme Court of India in W.P.(C) No. 881/2014.




88 – 89
16.
ANNEXURE P-13:
A copy of the orders dated 03.11.2014 passed by the Hon’ble Supreme Court of India in W.P.(C) No. 881/2014.




90 – 91
17.
ANNEXURE P-14:
A copy of the order dated 21.11.2014 passed by the Hon’ble Supreme Court of India in W.P.(C) No. 881/2014.




92 - 93
18.
ANNEXURE P-15:
A copy of the Government Order No.192/SSB/LC-2014/1132-33 dated 31.10.2014 issued by the Government of India, Ministry of Home Affairs.





94 – 95
19.
ANNEXURE P-16:
A copy of the Circular No.192/SSB/LC-2014/1128-31 dated 31.10.2014 issued by the Government of India, Ministry of Home Affairs.




96 – 97

20.
ANNEXURE P-17:
A copy of the Memo No. 3/SSB/Ops/Misc/14(&9)/7223-27 dated 10.09.2014 issued by the Government of India, Ministry of Home Affairs.




98 - 99



List of Dates
27.01.2011            The factum of smuggling of cattle across Indo-Bangladesh border was also shared by the Govt. of India with all the Principal Secretaries (Home) of various States like Uttar Pradesh, Rajasthan, Arunachal Pradesh, Maharashtra, Gujarat, Tripura, Mizoram, Meghalaya, Assam, Haryana, Punjab, Madhya Pradesh, Bihar, Orissa, West Bengal, Andhra Pradesh, Karnataka and Railway Protection Force, Rail Bhawan.

27.07.2011            The Government of Meghalaya in its letter addressed to the Govt. of India stating inter alia that there is rampant smuggling of cattle going on in the border districts of Assam and West Bengal and the some proactive measures may be taken for arresting the same.

28.07.2011            An article is published in Indian Defence Review by V.K. Shashi Kumar about modus operandi of smuggling of cattle across the Bangladesh border.

2013-2014             The factum of smuggling of cattle to Bangladesh has been reported by several experts and newspapers, including those published by authors in Bangladesh, such as Daily Star & Financial Express.

30.04.2013            In a reply to the question asked in the Parliament, the Ministry of Home Affairs has given the details of the total cattle seized including the milch cattle. It was also stated that the seized cattle, especially the milch cattle, is highly inadequate to the problem existing on the ground.

July 2013               A special report was also published with regard to cattle smuggling and it has been clearly mentioned as to how cattle smuggling is devastating the extent and magnitude of the problem and the said report is also available on internet on website www.orfonline.org.

17.10.2014            The Hon’ble Supreme Court of India vide interim order dated 17.10.2014 passed in Writ Petition (Civil) No.881 of 2014 titled as Gauri Maulekhi vs. Union of India & Ors. with regard to export of cattle on eve of particular festival Gandhi Mai Mela in Nepal, directed that there shall be no export of live cattle and buffaloes to Nepal.

31.10.2014            It would be relevant to mention that in pursuance to the aforesaid order, the Government of India has passed an Order dated 31.10.2014.

    .12.2014            Hence the present Writ Petition.


No comments:

Post a Comment