Unlikely alliance: Pinarayi Vijayan and Mamata Banerjee lead charge against Centre over cattle slaughter regulation

Kerala CM Pinarayi Vijayan on Monday reached out to other Chief Ministers. In his letter, which he posted on Facebook too, Kerala CM dubbed the decision as 'anti-federal, anti-democratic and anti-secular'.

“I am sure that you are already conversant with the Notification containing the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 issued by the Ministry of Environment, Forest and Climate Change on 23rd May, 2017. The Rules impose a number of restriction on cattle trade which would have serious repercussions on the livelihood of millions of people, especially those in the agricultural sector, in our country.

“It appears strange that the Rules are promulgated under the Prevention of Cruelty to Animals Act, 1960 since they have nothing to do with the objects of the Act. Neither are the Rules covered by the express delegation of legislative powers contained in the Act. Hence it is nothing but a covert attempt to usurp the powers of State legislatures in the guise of rules under a Central Act. The subjects covered by the Rules belong to entries 15 and 18 of the State List in the Constitution. This impermissible encroachment into the domain of the State Legislatures is a clear violation of the spirit of federalism, which is acclaimed as one of the basic features of the constitution..

“The Rules, by imposing unreasonable restriction on the fundamental right to carry on any trade or occupation under Article 19 (1) (g) of the Constitution, will not stand the test of constitutionality. They also violate the basic right of a person to freedom of choice regarding his food.

“It is rather unfortunate that such a drastic measure, producing serious consequences, was introduced in exercise of the rule making power, surpassing the elected representatives of the people and avoiding any public debate. This is nothing but a negation of the democratic principle, which is indisputably accepted as forming part of the basic structure of the Constitution. Apart from the Constitutional and legal infirmities of the Rules, the disastrous consequences which are likely to arise if these Rules are brought into force make one shudder. It will definitely produce a chaotic situation in the rural agricultural economy in all the States.

“Unless we stand together and oppose this anti-federal, anti-democratic and anti-secular move, it may mark the beginning of a series of similar measures aimed at destroying the federal democratic fabric and secular culture of our country. I would therefore fervently appeal to you to convey your objection to the 2017 Rules under the Prevention of Cruelty to Animals Act to the Prime Minister, and to request him to withdraw the Rules introduced without any consultation with the States. Since the matters dealt within the Rules squarely fall within the purview of State Legislatures, the State Governments may be allowed to formulate necessary policies and laws to suit the socio-cultural and economic milieu of the State.

“I have already brought these matters to the kind attention of the Prime Minister in a letter dated May 27th, 2017. A copy of the letter is attached for your kind perusal,” he wrote.

Earlier, West Bengal CM Mamata Banerjee has challenged the new legislation brought by Central government to implement ban on cattle slaughter.

In a press conference in Kolkata, West Bengal CM said that the Centre's move is unconstitutional. She said that West Bengal will neither accept it nor are they bound by it. Mamata said it is a move by Modi government to demoralize and destroy the federal structure of the county. She branded it as direct encroachment to federal structure.

According to Mamata Banerjee, it is unnecessarily bulldozing and imposing of Centre's writ on the state. Mamata Banerjee said that the law is very clear as per constitution and the Centre has no right to dictate terms to states with respect to List 2 of Seventh Schedule. She said that they will challenge the law constitutionally.

Minister for Environment, Forest and Climate Change Harsh Vardhan on Saturday said the ministry has notified the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 to ensure that the sale of cattle is not meant for slaughter purposes.

"Aim of the rules is very specific. It is only to regulate the animal market and the sale of cattle in these markets, and ensuring welfare of cattle dealt in market. And the rule provides for a strict animal monitoring committee and an animal market committee at the local level," Vardhan told ANI.  He said the seller and buyer both have to ensure that the cattle is not been bought or sold in the market for slaughter purposes.

"An undertaking to this effect has to be given to the member secretary of the animal market committee from the seller as well as the buyer," Vardhan added.  As per the notification, cattle is defined as, "bulls, bullocks, cows, buffalos, steers, heifers and calves and camels". The rules also state that the purchaser shall not sacrifice the animal for any religious purpose, or sell it to a person outside the state without permission and must keep in with the state's cattle protection laws.