Congress MP writes to PM Modi

Prevention of Cruelty to Animals Rules

From A Correspondent

SHILLONG, May 29: Congress Lok Sabha MP from Shillong Vincent H Pala today wrote to Prime Minister rendra Modi on the need to review the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017.

It may be mentioned that the newly enforced Rules imposes ban on livestock trade for slaughter and sacrifice.

In the memorandum to the Prime Minister, Pala sought Urged the Prime Minister to review the Rules and allow implementation of the same State–wise with necessary modifications by respective State/UT Governments.

“Tribal States like Meghalaya etc., should be exempted from the application of these Rules,” Pala said

The Shillong, MP also stated that the Rules cannot be frame by the Central Government since an entirely new legislative area has been entered, 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.

According to the Shillong, MP only Parliament is empowered to expand the 1960 Act and by Rules, the scope of the Act, 1960 cannot be amplified.

He also pointed out that Section 38 of the PCA Act, 1960, which empowers the Central Government to make rules, confines the powers only to provisions in the Act and does not authorize the Central Government to create new provisions, new definitions, new organizations like animal market monitoring Committees and animal market Committees.

“The new Rules, 2017 are therefore in excess of the delegation of powers by Parliament to the Central Government,” Pala said.

According to the Shillong, MP the new Rules, expands the meaning of cruelty when Parliament, in the origil Act, has not authorized the Central Government to add the meaning of “cruelty” that has been specifically defined and demarcated by Parliament in the origil Act.

Pala also pointed out that 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) which 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 Shillong MP added.

Pala also pointed out that under the new Rule 22(e) (ii) bans livestock trade for sacrifices.

“Tribals and even non–tribals have centuries old faith in this practice.  Reasoble exemptions must be granted so that these new Rules do not interfere with religious and customary practices and freedoms. New Rule (e)(ii) should qualify the word “sacrifices” by an exception, sacrifice other than for religious and customary practices,” Pala said.