"He who is cruel to animals cannot be a good man:" Madras High Court on illegal transport, slaughter of animals

The Madras High Court recently noted with alarm the rampant illegal transportation and slaughtering of animals like cow and camels in Tamil Nadu [E Seshan vs Union of India]..A division bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that cow and camels were being illegally transported from other States and even slaughtered in violation of several animal protections laws.The Court invoked German Philosopher Arthur Schopenhauer in this regard saying,“Compassion for animals is intimately connected with goodness of character, and it may be confidently asserted that he who is cruel to animals cannot be a good man.”The Court was dealing with public interest litigation (PIL) petitions alleging that the Prevention of Cruelty to Animals Act, 1960, Transport of Animals Rules, 1978 and the Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001, were being violated rampantly as cows and camels were being transported in vehicles or by foot without following the provisions of these three important laws in the field."The facts on record show an alarming situation, which is not only in regard to illegal slaughtering of cows, but even in reference to camels being brought on foot in violation of the laws and their slaughtering at open places in an illegal manner. It can happen only when the administration fails to ensure compliance of the provisions of the laws and does not take timely action against the defaulters," the Court said..The State, however, claimed that it is taking earnest steps to ensure strict compliance with the laws and that cases have been registered against the defaulters.The bench, however, found some force in the submissions of the PIL petitioners."We find that despite the provisions, the State authorities, which may include the Police administration, failed to take immediate action on the illegal transportation of the animals and their slaughtering and even the illegal auction. We find that day in and day out, slaughtering of animals is taking place in violation of the Act of 1960 and even the other laws," Chief Justice Bhandari said in his order passed on June 29..The Court further referred to various provisions of the Act of 1960 and the Rules of 1978 and 2001 that lays down the procedure to be followed to transport animals in vehicles or by foot. These provisions also detail how such animals should be slaughtered.Accordingly, the bench issued a slew of guidelines for the State authorities to comply with so as to ensure that there isn't any illegal transportation of the animals."State through its Transport Department should monitor transportation of animals and for that at the check-posts and even at the toll-gates, the footage of CCTV cameras, wherever available, should be made accessible to the District Level Committee, to ensure that vehicles transporting animals in an illegal manner are dealt with an iron hand," the Court directed..It further said that the State's endeavour should be to ensure that no slaughtering is permitted in violation of the Acts and the Rules and in open places. "If slaughtering is to be done, it should always be in the licensed slaughtering houses after due compliance of the Rules and only after a certificate as contemplated under Section 4 of the Act of 1958. The slaughtering would not be allowed in a open place," the Court ordered.The Court also directed that the State should not allow auction of animals in violation of the provisions of the Acts and the Rules."No animals should be allowed to enter into the territory of the State of Tamil Nadu from any other State, if it is brought in violation of the Rules of 1978 and 2001. In case of any violation, it would be immediately brought to the notice of the Superintendent of Police concerned to register a case with further action in the matter and the District Collector concerned would also see that no transportation or slaughtering of animals in his district takes place in violation of the directions given by this Court and a regular monitoring would be made," the Court ordered..Advocate S Srinivas appeared for the petitioners.Government Advocates P Muthukumar and KMD Muhilan represented the State..[Read Judgment]