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2009 DIGILAW 612 (KER)

Mathew v. Valakom Grama Panchayat

2009-07-08

THOTTATHIL B.RADHAKRISHNAN

body2009
Judgment : 1. These Writ Petitions, which have been bunched up and are being proceeded with, after public notice at the cost of the Government, relate to the unauthorized slaughtering of animals and skinning, slicing and vending of meat. 2. The bunch of laws governing the activity could be traced as lying spread in the Kerala Municipality Act, Kerala Panchayat Raj Act, the Slaughter House Rules, the Public Health Act, Rules, Regulations and Notifications issued under different legislations. It is also the prescription of law relating to protection of animals and prevention of cruelty to them that activities will have to stand regulated in terms of law. Art.21 of the Constitution is intended to deal with the whole system that could be treated as available within the territory of India. 3. With the aforesaid in mind, a detailed order was issued on 10.12.2008 noticing various facts and after hearing the learned counsel appearing or all sides, it is appropriate to quote the following from that order: "Some of the learned advocates appearing for the petitioners have rightly pointed out that it is a matter of record in this bunch of matters, and even a commission could be issued to ascertain, that there are profuse number of meat sale points in different parts of the city. It is also pointed out that a good lot of them cannot but be unauthorized and the nature of the activities in those premises is not mere vending, but includes display of animal carcass in a manner which is in violation of the relevant laws. The activity of slaughtering is not merely the process of killing`. One of the larger issues being dealt with in this bunch of matters relating to different Local Self-Government Institutions, is as to whether a licence should be obtained for slaughtering, thereby meaning not mere killing, but including cleaning of the dead, by removal of the skin, exposing the entire body in a whole, or in sized parcels for sale. The answer to this, cannot be that the Corporations, Municipalities and Panchayats would act only if they get a complaint either from a neighbour or from a rival in the market. The Public Health Authorities and the Local Self Government Institutions are expected to be the statutory and constitutional watch-dogs. They cannot saddle the responsibility of initiating action on individual citizens. The Public Health Authorities and the Local Self Government Institutions are expected to be the statutory and constitutional watch-dogs. They cannot saddle the responsibility of initiating action on individual citizens. This is all the more so because, as rightly pointed out on behalf of the petitioners, it would be even risky to one's own life and limb to make a complaint regarding unauthorised slaughtering and unauthorised vending of meat." 4. Taking notice of the above, the following order was issued: "In the aforesaid situation, .. all Local self-Government Institutions, which are parties to these proceedings, will ensure that all unauthorized meat vending points are closed down and no slaughtering is permitted anywhere under any area falling within "the jurisdiction of any of the corporations, Municipalities or Panchayats, unless butcher's license or slaughter house license has been issued. It shall also be ensured, without fail, that any such activity is carried on only by persons who are duly licensed. The Local Self-Government institutions shall ensure that no activity is passed on merely as sale of meat when slaughtering or displaying of whole or huge parcels of animal carcass is made as part of the alleged vending activities. Let reports be filed by the Local Self-Government Institutions which are parties to these matters, of the action taken, on or before 16.12.2008." 5. Since the State Government is as so a party to these proceedings, it was directed that the Department of Local self-Government Institutions will immediately request all the District Panchayats to ensure immediate supervisory role as regards the directions in the aforesaid order. The State Government was required to ensure that instructions are issued forthwith to all necessary superior police officials to provide such adequate measure of support, as may be required by the respective Local self-Government Institutions, to exercise their powers under the Municipality Act, Panchayat Act and the Rules thereunder. 6. In spite of those directions, with the passage of time, it is now, without controversy, mentioned by the learned counsel on all sides that large scale slaughtering and vending takes place, in reality and the Corporations, Municipalities and Panchayats which have not issued any butcher's license etc. are also unable to prevent the unauthorized slaughtering. This is a dismal situation. The executive has not been able to put its controlling measures in place in spite of a judicial command. 7. are also unable to prevent the unauthorized slaughtering. This is a dismal situation. The executive has not been able to put its controlling measures in place in spite of a judicial command. 7. But, on the basis of the submissions before me today, what appears to be immediately important is that the ground realities call for certain practical solutions, which could be treated as available within the format of law and which could be generated by judicial proceedings. 8. There is no prohibition of the consumption of meat, including chicken and fish and other perishable commodities. In relation to those, the regulations of sale etc., fall within the forbidden zones prescribed by the Central and State legislations. The fundamental reason for prescribing licenses and statutory guidelines for running of slaughter houses and vending of meat, including chicken, fish and other perishable commodities, is the need to preserve public health. The procedures prescribed in the Municipality Act and the Panchayat Raj Act, as also those provisions that trickle into the field of management of public health from other laws, like the Travancore-Cochin Public Health Act, Madras Public HealthAct and Rules, Regulations and Notifications framed under different enactments pivotally show that the Panchayats, Corporations and Municipalities cannot wriggle out of their obligations to establish slaughter houses. This is because, slaughter houses under statutory control are necessary to provide the article of food, namely, meat for human consumption. Ensuring regulation of the provision of meat as an article of food is one of the fundamental obligations of the Governments and the Municipal Authorities. Among the mandatory duties of the Panchayats as provided in the Third Schedule to the Kerala Panchayat Raj Act, 1994, the Panchayats are duty bound to regulate slaughtering of animals and sale of meat, fish and other easily perishable food stuffs etc. Collection and disposal of solid waste and regulation of liquid waste disposal are also among the mandatory functions of the Panchayat. Prevention of food adulteration and control of eating places also fall within the mandatory functions. Effective implementation of National and State level strategies and programmes for prevention and control of diseases also stands as a mandatory function, similar duties lie with the Municipalities and the Corporations under S.452 of the Kerala Municipality Act, 1994 and R.4(1) of the Municipal Solid Wastes (Management and Handling) Rules, 2000. Effective implementation of National and State level strategies and programmes for prevention and control of diseases also stands as a mandatory function, similar duties lie with the Municipalities and the Corporations under S.452 of the Kerala Municipality Act, 1994 and R.4(1) of the Municipal Solid Wastes (Management and Handling) Rules, 2000. The sweep of these statutory provisions and the constitutional classification of the Local Self-Government Institutions to a glorified status above that of a mere statutory authority as they were under the earlier legislations, is to further the constitutional goal of the Nation to improve the living standards. If I were advert to Part IV of the Constitution, the ensuring of the promotion of the welfare of the people, including health, lies embedded as part of the continuous gaze on State action by the constitutionally declared Directive Principles of State Policy. It is also the requirement that the level of nutrition and the standard of living of its people are improved and the improvement of public health is among the primary duties of the State. The State is also expected to organise agriculture and animal husbandry and take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle. Protection of environment is also to be ensured. The citizens have the fundamental duties, among other things, to have compassion for living creatures, to abjure violence and to develop scientific temper and humanism. These provisions are looked at for the purpose of ensuring that the interpretation of the law in hand has to be made, necessarily, to attain positive goals in furtherance of the common interest of the society and not merely the commercial interest of those involved in slaughtering, butchering and vending. 9. With the aforesaid provisions of law being noted, it has to be immediately recalled that nearly a decade ago, this Court had laid down in John Mathew v. Vechoochira Grama Panchayat (1999 (3) KLT 243) that it is of no excuse for any local self government institutions, be it a Corporation, Municipality or a Panchayat to state that it is taking steps to establish permanent slaughter houses or that a slaughter house which it had established has either crashed down or become practically of no use. 10. 10. There can be no slaughtering within the limits of any local self government institutions without a slaughterhouse which belongs to the local self government institution or a private one which is duly licensed in terms of the Slaughter House Rules, which hold the field. 11. Having regard to the object and purpose for which slaughter houses have to be established by the local self government institutions, it has necessarily to be ensured that such slaughter houses are immediately established. 12. Being in complete agreement with what is stated in para. 7 of the judgment in John Mathew (supra), all those local self government Institutions (Corporation, Municipality or Panchayat) in the State where there is no slaughter house, are interdicted from auctioning the right to vend meat in public markets until public or licensed slaughter houses are established in accordance with the provisions of the Act and Rules. 13. Since meat is a requirement of the people as an article of food and because it is an obligation on the part of the panchayats to provide for meat stalls in public markets maintained by the panchayats, it is ordered that every Corporation. Municipality and Panchayat shall establish slaughter houses within the limits of ech of them and report to this Court within a period of six months. 14. Following the earlier order, it is further directed that if any person applies for establishment of slaughter house, such application shall be duly processed within a period of one month of receipt and such requests shall be encouraged by the local authorities. 15. The local authorities have also suggestions through their learned counsel, that the Government have also to take appropriate steps for establishment of large or medium sale slaughter houses to cater to different panchayats rather than be a mute spectator to these procedures and this could also be done through a nodal officer or agency appointed in that regard. It is appropriate that the Government expresses their views in this matter. 16. Following the earlier orders, all the Corporations and Municipalities shall file reports disclosing the total number of cases booked for violating the laws, including conducting of unauthorised vending in meat and would also state the total amount of fee collected for slaughter houses. Post after a month. Hand over to all sides.