Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017

The central government has notified the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017. The new rules have been formulated under the PCA Act of 1960. These rules aim to ensure the welfare of the animals in the cattle market.

Background

In a writ petition (Civil) No.881 of 2014 titled Gauri Maulekhi vs. Union of India and others, the Supreme Court passed an order in 2015 to frame guidelines to prevent animals from being smuggled out of India. While this petition was sub-judice, the court also constituted a committee under the Chairmanship of DG, Sahastra Seema Bal (SSB) to suggest solutions to prevent atrocities on animals. The committee submitted its report in 2016. Finally, in July 2016, the Supreme Court gave final order to the Union government to frame rules under Section 38 of the PCA.

The Animal Welfare Board of India, based on the recommendations of the Supreme Court, prepared the draft rules. The rules were finally notified on May 23, 2017.

Are the new rules based on any kind of communal agenda?

No, the new rules do not target the beef-eating minorities. The Rule 14(h) under the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, prohibits “putting ornaments or decorative materials on animals”. This in turn also prevents the Hindus from using the decorated animals on several Hindu festivals.

Salient Features

• They aim to provide adequate facilities such as housing, feeding, feed storage area, water supply, water troughs, veterinary care etc. to animals
• The specific provisions of the new rules apply only to animals which are bought and sold in the notified live stock markets and animals that are seized as case properties, and not on other animals.
• They create two committees- First is the District Animal Market Monitoring Committee for registration of animal market and second is the Animal Market Committee at the local authority level for management of the markets.
• They envisage to protect the animals from cruelty and not to regulate the existing trade in cattle for slaughter houses.
• The new rules advocate the trade of only healthy animals for agricultural purpose from the livestock market.
• The animals for slaughter purpose can be bought from the farmers at the farms, and not from animal market.
• As per new rules, the cattle buyer has to sign a declaration that “I promise not to re-sell the cattle for slaughter”. This declaration then remains for six months with a committee which includes police officers.

Discussion

Animals have been continuously subjected to crimes and atrocities including practices such as hot branding, cold branding, shearing, bishoping of horses, ear cutting in buffaloes, sealing teats of udder with adhesives, etc. Article-48 of the Indian constitution states that “State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and should ensure steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle”. Similarly, via article 51A, the Constitution places a duty on every citizen to “protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. The new rules have been framed to fulfil these.