(IN) INFORMATION UNDER RTI ACT, 2005 : ENFORCEMENT OF THE LAW OF THE LAND

[Guest guest]

*Kind attention:

* The Governor of West Bengal,

* The Chief Minister of West Bengal,

* The Chief Secretary to the Govt. of West Bengal,

* The DGP of West Bengal / ADGP-CID

SIR / Madam,

It is humbly submitted that under the RTI Act, 2005 being an

representative of the International Organization for Animal

Protection - OIPA in India, May I ask following questions to

you to update my knowledge about implementation /

enforcement of the law of the land in West Bengal :-

 

1) As per West Bengal Animal Slaughter Control Act and final

order of supreme court dt 16-`11-94 sacrifice of cow is

legal or illegal?, these are implemented yet in West Bengal

or not

2) What steps State/Central govt has taken in last 15 years

to stop this illegal act cow slaughter / sacrifice in West

Bengal?

3. Do you know that animals are being smuggled to Bangladesh

via borders in Best Bengal, if yes then you are not able to

control...Why?*

 

On Mon, Aug 24, 2009 at 12:38 PM, OIPA INDIA <india wrote:

 

> Kind attention:

> * The Governor of West Bengal,

> * The Chief Minister of West Bengal,

> * The Chief Secretary to the Govt. of West Bengal,

> * The DGP of West Bengal / ADGP-CID

> SIR / Madam,

> It is humbly submitted that under the RTI Act, 2005 being an

> representative of the International Organization for Animal

> Protection - OIPA in India, May I ask following questions to

> you to update my knowledge about implementation /

> enforcement of the law of the land in West Bengal :-

>

> 1) As per West Bengal Animal Slaughter Control Act and final

> order of supreme court dt 16-`11-94 sacrifice of cow is

> legal or illegal?, these are implemented yet in West Bengal

> or not

> 2) What steps State/Central govt has taken in last 15 years

> to stop this illegal act cow slaughter / sacrifice in West

> Bengal?

> 3. Do you know that animals are being smuggled to Bangladesh

> via borders in Best Bengal, if yes then you are not able to

> control...Why?

>

>

>

>

http://www.sanghparivar.org/blog/dr-mittal/animal-sacrifice-it-human-is-it-legal

> ANIMAL SACRIFICE Is it human - Is

> it legal?

> Honorable Indian Legislature and Judiciary did their job by

> enacting

> prohibition on slaughter, restriction on transportation and

> even in upholding

> and directing the Government to stop this heinous, most

> cruel crime. But

> scenario is totally different. We all have to wake up,

> create public movement

> and compel the Government machinery to implement the law of

> land in letter and

> spirit and tell them otherwise to face contempt, argues, DR

> S K MITTAL

>

> Hargij nahi pahunchte Allaha ke pas kurbanio ke gost aur

> unke khun,

>

> Albata pahunchta hai alllah ke pas tumhara Takana aur

> prahejgari (Kuran

> Soor-e-haz)

>

> EVERY

> YEAR Id ul Julha commonly known as Bakari Id is celebrated

> in whole world. A

> festival of joy converts into big killing spree hurting

> strong feelings of

> animal lovers. At least few of us, who witnessed this

> heinous act, may know how

> inhumane it is. I personally, could not find any word to

> describe it! Under

> Provisions of Prevention of Cruelty to Animals Act, 1960 it

> is illegal even to

> exhibit the performance of animals in films where no killing

> takes place but on

> Bakari Id day This can be seen every where in the country.

> Millions of

> speechless animals irrespective of Camel, cow, goat are

> brutally slaughtered in

> name of religion heartening the sentiments of animal lovers

> and depriving milk

> to children.

>

> All religions propagate compassion to speechless animals.

> Fundamental Duties

> Article 51-A of our Constitution decided that It shall be

> the duty of every

> citizen of India (G) to protect and improve the natural

> environment including

> forests, lakes, rivers/wildlife and to have compassion for

> living creatures and

> directed under Directive Principle of State Article 48 that

> ‘the state shall

> endeavor to organize agriculture and animal husbandry on

> modern and scientific

> lines and in particular take steps in preserving and

> improving the breeds and

> prohibiting the slaughter of cows, calves and other milking

> animals. Though

> Article 25 provides freedom of conscience and free

> profession, practice and

> propagation of religion (subject to public order, morality

> and health and to

> the other provisions of this Part, all persons are equally

> entitled to freedom

> of conscience and the right freely to profess, practice and

> propagate religion)

> but clarifies that Nothing in this article shall affect the

> operation of any

> existing law or prevent the State from making any law.

>

> Different religions were propagating and parasitizing their

> traditional rituals like early marriage, immolation of widow

> with deceased husband (Sati Pratha)

> sacrifice on different festivals. But, different Acts were

> enacted to prohibit

> these rituals in public interest. Sharda Act prohibited

> early marriage and

> there is absolute ban on even glorifying Sati as an old

> tradition of road side

> sacrifice and in temples are curbed under different Acts and

> Rules. All these

> Acts and Rules are applicable irrespective of cast and

> creed. Some are here as under:

>

> Indian Penal Code 429 puts rigorous punishment on mischief

> by killing, poisoning,maiming or rendering useless any

> elephant, camel, horse, mule, buffalo, bull,cow, or ox, what

> so ever may be the value thereof , or any animal of the

> value of fifty Rupees or upwards, shall be punished with

> imprisonment or with fine or both Prevention of Cruelty Act

> of 1960 was enacted to prevent cruelty to animals and its

> Rules regulate transportation of animals, slaughterhouses,

> establishment of Societies for Providing Compassion to

> Animals (SPCA) etc. Under the provisions of Constitution of

> India states enacted suitable Act and rules prohibiting

> slaughter of animals. Like Maharashtra

> government enacted the Maharashtra Animal Preservation Act,

> 1976 (9 of 1977),

> West Bengal Animal Slaughter Control Act, 1950 (22of 1950) ,

> Karnataka

> Prevention of Cow Slaughter & Preservation of Cattle Act,

> 1964. etc.

>

> On the eve of Bakari Id we find ourselves helpless and watch

> the gross violation

> of Union & State Acts & Rules. Preparation starts many month

> in advance

> and we find “king of desert†Camel near the sea towns

> like Chennai , Mumbai

> Kolkatta and Mangalore. Herds of good healthy cow and other

> animals can be seen

> most cruelly transported from one corner of country to other

> corner without

> respecting legal provisions and sentiments of animal lovers.

> Apart from gross

> violation of law of the land, as a matter of fact it

> attracts contempt of

> Honorable Supreme Court decision by Hon’ble Justice J

> Majumdar, Justice Kuldeep

> Singh and Justice B.L. Hansaria in Civil Appeal No. 6790,

> etc of 1983 West

> Bengal State V/s. Ashutosh Lahiri & Others, (civil Appellate

> Jurisdiction)

> AIR 1995 S.C. 464

>

> As mentioned above, under Directive to State Principle 48,

> States enacted law to

> prohibit Slaughter & West Bengal Animal slaughter Control

> Act, was enacted

> in 1950 & under the provisions of its Section 12 State

> Government exempted

> the slaughter of healthy cows on the occasion of Bakri Idd.

> The order was

> challenged in Calcutta High Court and The Division Bench of

> Calcutta High Court

> issued a mandamus to the applicants calling upon them to

> forbear from giving

> any exemption under Sec. 12 of the Act in respect of

> slaughter of cows on the

> occasion of Bakari Id day therein after. West Bengal

> Government preferred

> appeal for its order restoration (permission for slaughter

> on Bakari Idd),

> which was rejected.

>

> The Honorable Court decided the issue after discussing

> different issues like

> religious obligation, democracy, old tradition etc and held

> that there is no

> religious obligation. In reference Honorable Court observed

> the Constitution

> Bench decision of this Court in Mohd. Hanif Quareshicase1 at

> (SCR) page 650of the report speaking through Das, C.J

> Hamilton's translation of Hedaya, Book XLIII at page 592

> that it is the duty of every free Mussalman arrived at the

> age of maturity, to offer a sacrifice on the I'd Kurban, or

> festival of the sacrifice,provided he be then possessed of

> Nisab and be not a traveler. The sacrifice established for

> one person is a goat and that for seven a cow or a camel.

>

> It does not appear to be obligatory that a person must

> sacrifice a cow. Once the

> religious purpose of Muslims consists of making sacrifice of

> any animal which

> should be a healthy animal, on Bakri Idd, then slaughtering

> of cow is not the

> only way of carrying out that sacrifice.Itis, therefore,

> obviously not an

> essential religious purpose but an optional one.Therefore,

> held that before the

> State can exercise the exemption power under Section 12 in

> connection with

> slaughter of any healthy animal covered by the Act, it must

> be shown that such

> exemption is necessary to be granted for sub serving an

> essential religious,

> medicinal or research purpose. If granting of such exemption

> is not essential

> or necessary for effectuating such a purpose no such

> exemption can be granted

> so as to bypass the thrust of the main provisions of the

> Act.

>

> For lifting the ban it should be shown that it is essential

> or necessary for a

> Muslim to sacrifice a healthy cow on Bakr I'd day and if

> such is the requirement

> of religious purpose then it may enable the State in its

> wisdom to lift the ban

> at least on BakrI'd day. But that is not the position. If

> any optional

> religious purpose enabling the Muslim to sacrifice a healthy

> cow on BakrI'd is

> made the subject-matter of an exemption under Section 12 of

> the Act then such

> exemption would get granted for a purpose which is not an

> essential one and to

> that extent the exemption would be treated to have been

> lightly or cursorily

> granted. Such is not the scope and ambit of Section 12.

>

> One submission was also noted that a person with six other

> members of his family

> may afford to sacrifice a cow but may not be able to afford

> to sacrifice seven

> goats, and it was observed that in such a case there may be

> an economic

> compulsion although there was no religious compulsion. In

> this connection, Das

> C.J. referred to the historical background regarding cow

> slaughtering from the times of Mughal emperors. Mughal

> Emperor Babur saw the wisdom of prohibiting the

> slaughter of cows as and by way of religious sacrifice and

> directed his son

> Humayun to follow this. Similarly, Emperors Akbar, Jehangir

> and Ahmad Shah, it

> is said, prohibited cow slaughter.

>

> In the light of this historical background it was held that

> total ban on cow

> slaughter did not offend Article 25(1) of the Constitution.

> In view of this

> settled legal position it becomes obvious that if there is

> no fundamental right

> of a Muslim to insist on slaughter of healthy cow on BakrI'd

> day, it cannot be

> a valid ground for exemption by the State under Sec. 12

> which would in turn

> enable slaughtering of such cows on Bakr I'd.

> In this connection it is also necessary to consider Quareshi

> case1 which was

> heavily relied upon by the High Court.

> The total ban on slaughter of cows even on BakrI'd day as

> imposed by Bihar

> Legislature under Bihar Preservation and Improvement of

> Animals Act, 1955 was

> attacked as violation of the fundamental right of the

> petitioners under Article

> 25 of the Constitution. Repelling this contention the

> Constitution Bench held

> that even though Article 25(1) granted to all persons the

> freedom to profess,

> practice and propagate religion, as slaughter of cows on

> BakrI'd was not an

> essential religious practice for Muslims, total ban on cow's

> slaughter on all

> days including BakrI'd day would not be violation of Article

> 25(1).

>

>

>

नरेश कादियान,

अधà¥à¤¯à¤•à¥à¤·,पीपलà¥à¤¸ फॉर à¤à¤¨à¤¿à¤®à¤²

हरियाणा,

Naresh Kadyan,

अंतरराषà¥à¤Ÿà¥à¤°à¥€à¤¯ पशॠरकà¥à¤·à¤¾

संगठन के भारतीय पà¥à¤°à¤¤à¤¿à¤¨à¤¿à¤§à¤¿

Representative of the International Organization for Animal Protection in

India,

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