Thursday, March 23, 2023

Petition Filed In SC Seeking Direction To Improve Administrative Mechanism To Alleviate Cruelty Against Animals

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A petition has been filed before the Supreme Court seeking directions to the Government to improve and strengthen the existing administrative mechanism to alleviate cruelty against animals.

The petition filed by Mathews J Nedumpara, a resident of Kerala, has stated that millions of animals, milking and pregnant cows, calves, buffalos, goats, poultry are slaughtered in the most inhuman ways and such slaughter is clearly violative of the mandate of Articles 48, 48A and 51A (g) of the Constitution of India.

Various Acts, Regulations and Rules have been enacted and framed by the Parliament, various State Assemblies, Centre and State Governments ban the slaughter of milking cows and calves, and to regulate the slaughter of animals. However such slaughter is still continuing and is therefore violative of the above provisions.

According to the petitioner, when millions of wild animals, wild boars, elephants, dear, bisons are killed or maimed for their meat and to protect crops from being damaged,the poachers go scot free, but the poor farmers and adhivasis who have lost their crops are left without a remedy. It adds that the laws which are intended to protect wildlife and the forest dwellers; are not effectively implemented because there is no machinery to ensure the enforcement of the laws.

According to the petitioners, there has been no right without a remedy since a right recognized by law without a means to enforce it is no right at all. Therefore, it is imperative to bring in a machinery, a Tribunal which would act both as a supervising machinery to enforce laws and will also be empowered to adjudicate the claims of compensation from farmers who are subjected to loss of their crops, homes and even their very lives.

The petitioner also states that the Governments have failed to address these issues effectively and there been manifest failure in enforcing the law, which is why the government should examine the room for strengthening and improving the existing administrative mechanism.

India Legal Bureau

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