Civil Procedure Code (CPC)

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Factual Background

  • The name of the cases were Jiv Maitri Trust v. State of Maharashtra and Ors. and Gau Gyan Foundation v. State of Maharshtra.
  • Jiv Maitri Trust filed a PIL as the Animal Husbandry Department refused to provide veterinarians for checking the health of the animals.
  • Consumption of flesh might be dangerous when the vet does not conduct the ante-mortem and post-mortem.
  • The Gau Gyan Foundation had filed the other petition alleging that illegal livestock marketing and slaughtering for Bakri Eid was taking place, for which complaints were made in the police station, but no action was taken.

Court’s Observation

  • Temporary slaughterhouses are not recognised and are in contravention to Rule 3(1) of Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
  • The decision to allow temporary slaughterhouses was taken without permission from the State Government.

Court’s Orders

  • Two Bombay High Court benches issued directions to the different Municipal Corporations for ensuring that the animal sacrifices are made only in licensed slaughterhouses and abattoirs.
  • One bench headed by Chief Justice Datta directed actions to be taken against illegal animal slaughter.
  • The order of the Bhiwandi-Nizampur Municipal Commissioner’s orders which allowed operation of 38 temporary slaughterhouses outside Mumbai was stayed.
  • The second order directed for ensuring illegal marketing and slaughtering of animals is not done in the Mumbai Police Station jurisdiction.
  • The respondents were issued a notice and the Commissioner was issued directions.

What is your opinion on the temporary slaughterhouses allowed by the authorities? Do you think the Court was justified in passing these orders? Tell us in the comments section below!

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