Allahabad HC pulls up state government for crackdown on slaughterhouses [Read Order]

The Allahabad High Court on Monday directed the Uttar Pradesh state government to look into the ban on illegal slaughterhouses and the consequent effect on meat trade in the state..A Bench of Justices Amreshwar Pratap Sahi and Sanjay Harkauli also noted that inaction on the part of the authorities in this matter would lead to a violation of the meat sellers’ Fundamental Rights under Articles 19 and 21 of the Constitution..The writ petition was filed in the High Court amidst the crackdown on illegal slaughterhouses in Uttar Pradesh..The petitioner, Saeed Ahmad, was earning a livelihood by selling goat meat and possessed a licence for the same which was up for renewal in April, 2017. However, due to the chaos which followed the shutting down of illegal slaughterhouses in Uttar Pradesh, it is alleged that authorities are taking a lackadaisical approach in renewing licences of meat shops..The petitioner prayed for a direction from the court to the Nagar Palika Parishad, to allow his meat shop to run and to renew his licence for the said purpose. His establishment was shut following the recent orders of the State Government..The counsel for the petitioner Anoop Kumar Bajpai contended,.“…the petitioner being the holder of a valid license for retailing meat, cannot be restrained from carrying out his activities and the respondents cannot prohibit the running of his business under the garb of an inaction of non-renewal (of licence)which is presumably a result of the recent drive undertaken.”.The State Government ordered the shutting down of illegal slaughterhouses pursuant to the directions given by the Supreme Court in Lakshmi Narain Modi vs. Union of India and ors and by the National Green Tribunal..These directions were issued vis-a-vis the status of slaughterhouses that were to be brought in line with the provisions of Prevention of Cruelty to Animals Act, 1960 and Prevention of Cruelty to Animals (Slaughter House) Rules, coupled with the registration and licensing provisions now necessary as per the Food Safety and Standards Act, 2006..The Bench observed:.“…the question of setting up of a slaughterhouse, it’s running as well as the consequential impact thereof on the meat trade has now spiralled to this level that petty retailers like the petitioner who are seeking renewal of their existing licenses for retailing meat are stuck up and their licenses have not yet been considered or renewed..At this stage, what appears is that the State does not appear to have issued any direction for prohibition of the sale of any such foodstuff except for the fact that the slaughterhouses that were running unlawfully should not be allowed to run, and only such licensed slaughterhouses would operate which comply with the terms and conditions.”.The Court also stated that in the absence of any facilities provided by authorities, such trade and profession may prima facie face complete prohibition which would impinge upon fundamental rights guaranteed under Article 19 and Article 21 of the Constitution..“To provide an immediate check on unlawful activity should be simultaneous with facilitating the carrying of lawful activity….…Food habits in this State have flourished and are an essential part of life as an element of the secular culture that has come to exist and is common amongst all sections of the Society.”.The Bench then directed the State Government to convene a meeting within ten days to discuss the renewal of licences, issues relating to status of animals for slaughtering and trade, non-availability of facilities for slaughtering of animals and other interconnected matters..The Court also directed the Nagar Palika Parishad to consider the renewal of the petitioner’s existing licence..The matter will next be heard on April 13..Read the order: