- 4. Order dated 12.08.09 in WPCC) No.13805 of 2004, 37903 of 2004, 7OOO of 2005, 2991 of 2006, 8233 of 2006, 9297 of 2006, 2998 of 2006, 704 of 2009 and 6031 of 2009 of the Hon’ble High Court of Kerala
- 5. Govt. letter no.1173/DB2/09/LSGD dtd. 16/1/2009.
- 6. Govt. circular no. 4279/DB2/09/LSGD dto 21/4/2009
The Hon'ble High Court as per reference 1 ordered all Local Self Government Institutions (LSGIs) to ensure closure of all unauthorized meat vending points and that no slaughtering shall be allowed in the place other than slaughter house having butchers license or slaughter house license. It is further ordered that slaughtering operation shall be carried out only by persons who are duly licensed for that. It is also ordered that LSGIs should ensure that the time of sale of meator slaughtering operations, no animal carcass of whole or huge parcels of animal is allowed to be exhibited/displayed.
2. The Hon'ble High Court as per reference 2 has ordered that all the District Collectors, Revenue Divisional Officers and other authorities exercising the powers of the Executive Magistrate under the provisions of the Cr. P.C. and also all Police Officers shall take immediate action for preventing cruelty to animals at the time of transit, including entry into the state of Kerala through different checkpost. It is also ordered that the Annual Husbandry Department should conduct random check at the checkpost for preventing entry of sick or infected animal or animals having contagious diseases into the State.
3. The Hon'ble High Court as per reference 3 has ordered that the District Panchayat shall perform immediate supervisory role in order to ensure that the LSGls perform their duty of closing down of unauthorized slaughter houses and meat vending points and for avoidance of displayed sale of meat as ordered vide the order dated 10.12.2008 (ref 1). The Hon'ble High Court has also ordered that the State Government shall issue orders to superior police officers to provide support to respective LSGIs to perform their duties for Complying the Orders mentioned above as per the provisions of he Municipality Act. Panchayat Raj Act and Rules hereunder. It is also ordered that the LSGIs shall take actions for establishing slaughterhouse in their area on their Own or in private sector asper the provision of the Act and Rules within a period of six months. The LSGIs shall also ensure that if a person applies for establishing a slaughter house in private sector. Such application shall be duly processed and the decision communicated within a period of one month of receipt of Such application. Further, all Corporation and Municipalities shall file a report to the Hon'ble Court disclosing the total number of cases booked and amount Collected as fine for violating the law including unauthorized slaughtering and vending of meat.
4. The Hon'ble Highcourt asper reference 4 has ordered that the competent Government Secretary will issue a circular forthwith incorporating the clause on import of animals into the State of Kerala in order to ensure that sick or animal having Contagious diseases or animals having prohibited age are not transported to the state through checkpost for food or other purposes specifying such responsibility to the District Collectors, District Magistrate, Additional District Magistrate, Commissioner of Police and Superintendent of Police throughout the State.
5. In Compliance of High Court direction dtd 10/12/2006 Government have given necessary directions to all District Panchayats and Government in Home Department as per Government letter fifth cited. Government have also given circular direction to all LSGIs to provide pollution Control facilities in existing slaughterhouse to keep the slaughterhouse hygienic and to take short term and long term steps by exploring the possibilities of using Central/state financial assistance asper reference 6.
6. As per the judgement dtd 12/8/09 the Honble High Court has directed Government to issue necessary circular incorporating the directions in order dtd, 17/12/2008 in compliance, the following directions are issued to all LSGls/all District Collectorsfall superintendents of Police/and all officers of Animal Husbandry and Home Department and all other officers involved in this case to comply with the judgement intrue spirit
- 1. The LSGIs should close down all unauthorized meat vending points with immediate effect.
- 2. The LSGIs should not permit slaughtering anywhere under any area falling within their jurisdiction unless butchers license or slaughter license are issued. The Slaughtering should also not be allowed outside the approved slaughterhouse.
- 3. The LSGIs should ensure, without fail, that slaughtering is carried out only by persons who are duly licensed.