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Supreme Court stays Centre's controversial cattle sale ban

  • The Centre's controversial cattle sale ban has been put on hold by the Supreme Court 
  • The Court asked the Govt to consult all stakeholders before re-issuing the notification
  • The Centre told the Apex Court that it would hold discussions and issue a fresh notice by August 30 
     
Supreme Court stays Centres controversial cattle sale ban

The Supreme Court today issued a nation-wide stay order on the Centre's controversial cattle sale ban. On May 26, 2017, the Environment Ministry issued the notification — Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 — under the Prevention of Cruelty to Animals Act.

The Court highlighted the fact that the Central government had not consulted all stakeholders before making the notification. In response the Centre agreed to amend the notification after holding discussions with all concerned parties. 

The government told the court that the new notification would be released before August 30. 

The Supreme Court was considering two petitions challenging the controversial notification banning the sale and purchase of cattle at animal markets for slaughter. A vacation Bench, comprising Justices R.K. Agrawal and S.K. Kaul, issued notice to the Centre two weeks ago, seeking their response to the pleas. 

One of the pleas said the provisions in the notification were unconstitutional as they violated the fundamental rights, including the freedom of conscience and religion and right to livelihood.

One of the petitioners, Hyderabad-based Mohammed Abdul Faheem Qureshi had contended in is plea filed on June 7, 2017 that the notification was "against the freedom of religious practice to sacrifice the animals" and imposing a ban on slaughter of animals for food violates the right to food, privacy and personal liberty guaranteed to a citizen under the Constitution.

It also claimed that states like Kerala, West Bengal, Tripura and Karnataka have said that they would not implement the Centre’s ban as it would impact the livelihood of those involved in this business.

“It is also to be noted that slaughtering of animals for food, the foods and culinary made out of such animal flesh and offering sacrifice of animals is a part of cultural identity of such communities, which is protected from any legislative or executive encroachment under Article 29 of the Constitution of India which is not been subjected to any restriction by the framers of the Constitution...,” the petitioner had said.

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