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Shri M K Narayanan,
The Governor of West Bengal,
Raj Bhavan, Kolkata.
Subject: Representation/ demand of justice in public interest to stop cow slaughter during
festive days of Bakar Id of this year i.e. 16th Oct. to 18th Oct 2013 and of each and every
following year/s as well as every day in compliance of the Judgments / Orders of Hon’ble
Supreme Court of India and Hon’ble High Court, Calcutta, and in the matters of Illegal cow
slaughter, cow trafficking, severe cruelty to animal and violation of Indian Constitution and
various judgments of Hon’ble Courts and different Acts, rules and regulations.
His Excellency Sir,
That the state of West Bengal enacted the West Bengal Animal Slaughter Control Act, 1950 with object to control the slaughter of cows, bullocks, male and female buffaloes, buffalo claves, castrated buffaloes (hereinafter) with a view to increase the supply of milk and to avoid the wastage of animal power necessary of improvement of agriculture, section 4 whereof totally prohibits slaughter of the healthy cows, while section 5 of the said Act prohibits slaughter of even old, infirm, diseased, incapacitated animals of above 14 years old which may be certified to be fit for slaughter in a place other than a place prescribed for slaughtering. From the aforesaid statutory provisions it is crystal clear that on Bakri Idd day or any other day the aforesaid animals cannot be slaughtered in any place, field, road or roadside, buildings or houses etc.
But unfortunately, a large scale slaughtering of cows (healthy, milking or otherwise), unnecessary cleansing of cattle resource of the nation is going to happen in West Bengal from 16th October onwards in the name of Bakri Id.
In 1982 Hon. High Court of Calcutta had held in the case of Ashutosh Lahiri and ors that “ the sacrifice of a cow on Bakri Id day is not an obligatory act for a Musalman to exhibit his religious belief and ideas” and “notwithstanding the sacrifice of cows by a number of Musalmans , such slaughter cannot be considered to be part of religious requirement .” The judgment states it further that “A sacrifice which is not a part of religious requirement cannot, in our view, be sanctioned on the ground of religious purpose within the meaning of sec 12 of the Act.” In the West Bengal Slaughter control Act of 1950 where the cow and its progeny have been given the status of a “scheduled animal ” and offences under the Act have been made cognizable.
This order was subsequently ratified by the Hon. Supreme Court of India in the year 1994 and yet despite such a long standing order , every year over fifty lacs cows and their progeny are sacrificed in this State alone in one single festival.
In W.P. No. 16749 of 2011 of Hon’ble High Court of Calcutta – Rajesh Yadav & Ors vs WB & Ors, the Vacation Bench comprising of the Hon’ble Justice Harish Tandon and the Hon’ble Justice Soumen Sen JJ, vide its order dated 13-10-2011c was inter alia pleased to direct Sate of West Bengal to make all efforts or take all endeavour to see that the provisions of WBASC Act, 1950 is not violated or flouted in any manner whatsoever.
The said WP No. 16749 0f 2011 was finally heard and disposed by the Hon’ble Mr. Jaynarayan Patel, Chief Justice and the Hon’ble Justice Ashim Kumar Roy, JJ, by Their Lordships order dt. 02.11.2011 with a direction to the state that, “We therefore, direct the State Government through its Chief Secretary, to see that such arrangements and/or markets in the State of West Bengal are not conducted for trading of cattle for sacrifice and which is otherwise not permitted under the West Bengal Animal Slaughter Control Act, 1950 and the Chief Secretary and all functioneries of the State and local bodies would strictly implement the order passed by this Court time to time for effective and meaningful implementation of the said Act.
The Officials of the State and local bodies have no power to facilitate holding of markets for trading of cattle for sacrifice and also the movement of cattle of the said purpose on the occasion of ID-UZ-ZOHHA festival to be celebrated on 7th November, 2011”.
But, under a gross violation of all Judgments/orders of Hon’ble Courts, an heinous crime is being conducted to finish up the most benevolent animals of this world named cow progeny through other violations of relevant parts of the Acts/Rules viz.
The West Bengal Cattle Licensing Act, 1959.
The Prevention of Cruelty to Animal Act, 1960.
The Prevention of Cruelty to Animal (Registration of Cattle Premises) Rules, 1978.
The Transport of Animal Rules, 1978.
The Prevention of Cruelty to Animal (Slaughter House) Rules, 2000.
The Prevention of Cruelty to Animal (Transportation on Foot) Rules, 2001.
In a very recent order passed 0n 09.10.2013 by the Hon.ble Chief Justice of Calcutta High Court, Mr Arun Kumar Mishra and Mr Tapas Mukherjee, JJ, the Hon’ble Bench ordered [WP No. 31522 of 2013] as such:
“Vide interim order passed in WP No. 31190 of 2013 on 03.10.2013 respondents have been directed to ensure compliance of the WBCL Act and Rules. We direct the Respondents to ensure compliance of the West Bengal Animal Slaughter Control Act, Rules as well as all orders of the Hon’ble Supreme Court and this High Court thereon. Animal Welfare Board of India is directed to submit report before this Court.”
Meanwhile hundreds of FIR have been lodged in various police stations in West Bengal including Kolkata and Howrah. But, the most dangerous cycle of cow slaughter is running ruthlessly in West Bengal under the nose of authorities shamefully.
In this crucial juncture, we carve your personal intervention to prevent the State Govt and its machinery to stop all illegal activities to kill the cow progeny right now and help to save the Nation.
Editor, Hindu Existence.
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