Strict Adherence To Animal Welfare Regulations Required: Madras HC Issues Guidelines To Be Followed While Transporting Cattle

The Madras High Court has issued certain guidelines to be followed while transporting the cattle from one place to another.

The Court was hearing a batch of Criminal Revision Petitions seeking to set aside the Order of the Judicial Magistrate and to direct the State to release 22 Bulls and 2 Calves, 21 Bulls and 74 Bullock respectively and handover the same.

A Single Bench of Justice M. Nirmal Kumar observed, “There are several rules and practices that must be followed to ensure the safety and well-being during the transit of Cattle. Transporting cattle is a careful process that requires strict adherence to Animal Welfare Regulations, proper vehicle equipment, and ensuring the Cattle's health and safety during the journey.”

The Bench issued the following guidelines to be strictly followed while transportation of cattle –

(i) The Transporters of Cattle to ensure adequate space to stand, lie down and turn around.

(ii) Safety must be ensured while loading and unloading of cattle, in order to prevent injury and stress. The Ramps and loading docks should be designed to prevent Cattle from slipping or falling.

(iii) During transit of cattle, they must be provided ventilation and to ensure warm temperatures in the container/vehicle.

(iv) In case of long transit of Cattle through vehicle, food and water should be provided in the interregnum period of pick-up and drop points.

(v) Before transporting the Cattle, it has to be checked whether the Cattle health conditions are fit to transport from one place to another.

(vi) During transportation, the Cattle has to be monitored whether it has any signs of distress, injury or illness and if found, the Cattle should be removed immediately from the vehicle and should be treated.

(vi) The Transport Vehicles should be cleaned before transportation of Cattle, to avoid spread of disease.

(vii) Proper documents from the respective Officers should be obtained by the purchasers / transporter while transit of Cattle.

(viii) In case of long journey, a certificate from the Veterinary Doctors should be obtained how long and how far the cattle can be transported.

(ix) After arriving the destination, cattle should be monitored for signs of any injury, if any, must be taken care.

Senior Advocate R. John Sathiyan appeared for the Petitioners while Senior Advocate Sathish Parasaran, Additional Public Prosecutor (APP) A. Damodaran, and Advocate Madhumitha appeared for the Respondents.

Factual Background

A Complaint was made by one of the Respondents-Complainant, who are the Trust Member of “Almighty Animal Care Trust”, and State President of “Gau Raksha Dal” respectively that the Petitioners are illegally transporting Cattle in Container Lorries. When the Container Lorries were intercepted by the Police, they found 22 Cattle and 2 Calves in one lorry, 21 Cattle in the second one, and 74 Cattle in the other, being kept in a cruel manner. The animals were rescued and on enquiry, it was informed by the drivers of the lorries that the Cattle were taken to Kerala for slaughter.

Since the Cattle in all the lorries were transported to Kerala in inhumane conditions, for the meat illegally, tightly cramped, without food and water, and the Cattle being below 10 years of age, a case was registered for the offence under Section 429 of the Indian Penal Code (IPC), read with Sections 11(1)(a), 11(1)(d) and 4 of the Prevention of Cruelty to Animals Act, 1960, and Section 325 of the Bharatiya Nyaya Sanhita, 2023 (BNS) read with Sections 11(1)(a), 11(1)(b), 11(1)(d), 11(1)(e) of the 1960 Act, against the owners of the Container Lorries and others. The Container Lorries and Cattle were seized by the Police. Upon seizure of the Cattle, they were sent to “Sri Gokulakrishna Kosala”, Tiruvallur District, a private barn, and “Mona's Heaven for Domestic Animals Trust” under an interim detention of the bulls by the Police.

Court’s Observations

The High Court in the above regard, said, “No doubt, in the case on hand, large number of Cattle transported by the petitioners in an inhumane manner and transporting in the Container Lorries. It is seen from the records that in one Container Lorry, 22 Bulls and 2 Calves, in another Container Lorry, 21 Bulls and other Lorry, 74 Bullock transported from Andhra Pradesh to Kerala, without providing basic facilities like feeding, water, sufficient place to the Cattle even to stand.”

The Court further noted that and an initial inquiry and the report from the Veterinary Doctor revealed that the Cattle were transported from Andhra Pradesh to Kerala in unhygienic conditions, with chilli flakes sprinkled and chillies placed in the eyes of Cattle to keep them awake and that the Cattle are below 10 years of age.

“… there is a clear violation of Prevention of Cruelty to Animals Act and Transport of Animal Rules, 1978. As per Rules 47 to 56 of the Transport of Animal Rules, 1978 specifies that 'no goods vehicle should carry more than six cattle and there should be a valid certificate by a qualified Veterinary Surgeon that the animals are fit to travel and each consignment should bear a label showing the name and address of the consignor and the consignee. Absolutely, nothing has been followed in this case and the trial Courts are right in dismissing the petitions filed by the Petitioners, which needs no interference”, it also remarked.

The Court, therefore, directed that the present arrangement of maintaining the Cattle in the respective Khosala is to be continued till the trial is completed and final Orders are passed, entrusting the custody of Cattle.

Accordingly, the High Court dismissed the Petitions.

Cause Title- Abbas Manthiri & Ors. v. State & Ors.

Appearance:

Petitioners: Senior Advocate R. John Sathiyan and Advocate A. Thameem Mohideen.

Respondents: Senior Advocate Sathish Parasaran, APP A. Damodaran, Advocates Madhumitha, and Rahul Balaji.

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