Karnataka High Court allows State to restrict transportation of cattle under Cattle Slaughter Prevention Act

The Karnataka High Court on Monday granted permission to the State government to implement provisions of the Karnataka Prevention of Slaughter and Preservation of Cattle Act of 2020 that restricts transportation of cattle [Mohammed Arif Jameel v. State of Karnataka]..A Bench of Chief Justice Ritu Raj Awasthi and Justice SR Krishna Kumar modified its earlier order of January 20, 2021 upon the submission of the Advocate General stating that the Karnataka Prevention of Slaughter and Preservation of Cattle Rules have been elaborately framed, and the State should be permitted to implement Section 5 of the Act. Section 5 of the Act states that no person shall transport or offer for transport or cause to be transported by whatever means any cattle from any place within the State to any other place within the State for slaughter.However, it provides that the transport of any cattle, in the manner prescribed by the State government or Central government, for bona-fide agricultural or animal husbandry purpose shall not be construed as an offence.The Court noted that the validity of the Act is under consideration, and as the Rules have been framed, the earlier order of the Court has to be modified to the extent that the State is permitted to implement provisions of Section 5 of the Act and the Rules made under it. However, the same would be subject to final decision in the writ petition, the Court clarified. .The earlier order of the court of January 20, 2021 had noted the Advocate General's submission that no coercive action will be taken until Rules are framed under the Act. That order said as follows:"The learned Advocate General, on instructions, states that till the Rules framed in exercise of powers under the proviso to Section 5 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 are brought into force, no coercive action shall be initiated by the State Government for the breach or violation of Section 5 of the said Ordinance. He states that after the Rules are framed, but before the same are brought into force, the State Government will move this Court so that the petitioners are put to notice that the Rules are likely to come into force.".[Cattle Slaughter Ordinance] No coercive action for transporting cattle until Rules are brought into force: State to Karnataka High Court.The petitioners in the case have challenged the constitutional validity of the Cattle Slaughter Prevention Act, the competency of the government to enact the law, and pleaded that the implementation of the Act and its Rules would cause great prejudice to several sections of society. The Act prohibits slaughter of cattle (Section 4). Conviction for the same invites imprisonment of not less than three years and not more than seven years and/or fine of not less than Rs. 50,000 for each cattle which can be extended to Rs. 5 lakh. For subsequent offences, the fine is not less than Rs 1 lakh and can be extended to Rs. 10 lakh..On Monday, one of the petitioners in the batch of cases before the Court, the Dalita Sangharsha Samithi, submitted that they represent the Dalit community who have filed the present plea seeking enforcement of rights under under Article 29 (protection of interests of minorities) of the Constitution. It was argued that permitting the State to implement the provisions on restriction of transportation of cattle would be onerous to them. .The High Court, however, responded that the validity of the Act and Rules is under consideration before them and would be subject to the final decision in the writ petition.