NEW DELHI: Congress MP from Shillong Vincent H. Pala said on Monday the ban on cow slaughter should be rolled back as only Parliament can amend the relevant act and states must be consulted before any decision.
He demanded that tribal States like Meghalaya should be exempted from these rules.
In a memorandum to Prime Minister Narendra Modi, Pala said such rules cannot be framed by the Centre because a new legislation cannot be adopted without the sanction of any provision of the Prevention of Cruelty to Animals Act, 1960.
“Parliament, at the time of making the PCA Act, 1960, did not apply its mind to livestock markets and various possible cruelties to animals in such markets and only Parliament is empowered to expand the 1960 Act and by Rules, the scope of the 1960 Act cannot be amplified,” he said.
The MP pointed out that Section 38 of the PCA Act, 1960, which empowers the Centre to make rules, confines the powers only to provisions in the Act. It does not authorise the Centre to create new provisions, definitions and organisations like animal market monitoring committees.
“The new rules are therefore in excess of the delegation of powers by Parliament to the Central Government,” the Shillong MP said.
Local BJP leaders of Meghalaya tried to circumvent the amended act by saying it will only regulate beef and other meat supply. A local BJP leader went to the extent of assuring reducing beef price if it comes back to power in beef-eating Meghalaya in the coming Assembly polls.
The new rules expand the meaning of cruelty when Parliament, in the original Act, has not authorised the Centre to add to the meaning of “cruelty” that has been specifically defined and demarcated by Parliament in the original Act.
Further Section 11 (3) (e) exempts the slaughter of an animal for food from being deemed as cruelty to animal unless this section is modified by Parliament, ban on the trade of an animal for slaughter as imposed by Rules 22(b)(iii), 22(d)(ii) and 22 (e)(i) is illegal as it alters the basic structure of the statute as contained in Section 11(3)(e), Pala pointed out. “This had already been regulated by the first NDA Government when it framed and implemented the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001. New Rules 22(b)(iii), 22(d)(ii) and 22 (e)(i) should qualify the word ‘slaughter’ with an exception ‘slaughter other than for food’,” the MP argued.
Animals for slaughter are secured only through livestock markets and if animal trade for slaughter is banned by the new Rules, 2017, it will tantamount to repeal of section 11(3)(e) of the principal Act, the agitating MP said adding it also has attenuating effect on the Slaughter House Rules of 2001 which calls for serious application of mind and review.
These new Rules, 2017, being in the nature of affecting federal functions on the subject matter, specific comments of all the State/UT Governments on these rules should have been formally obtained so that a consensual enactment of Rules could have been possible, Pala went on to add.
The new Rule 22(e)(ii) also bans livestock trade for sacrifices and tribals and even non-tribals have centuries old faith in this practice. “Reasonable exemptions must be granted so that these new rules do not interfere with religious and customary practices and freedom,” he added.
New Rule (e)(ii) should qualify the word “sacrifices” by an exception “sacrifice other than for religious and customary practices.”
