A petition has been filed in the Bombay High Court challenging the annual no-objection certificates (NOCs) issued by the BMC for slaughtering animals for festive season or ceremony under special circumstances, contending that it is violative of central acts like the Food Safety and Standards (Licensing and Registering of Food Business) Regulations; The Environment (Protection) Act; and the Prevention of Cruelty to Animals Act.
Jiv Maitri Trust, which works for protection and welfare of animals and environment, had initially filed a petition in 2018 challenging the NOC granted by the BMC at the time for slaughtering animals outside the Deonar abattoir. It has amended its petition challenging the policy framed by the BMC on August 1, 2019, empowering the BMC commissioner under the Maharashtra Municipal Corporation Act to grant temporary NOC for slaughter of animals (sheep and goats).
NOCs contrary to SC judgment
The plea, filed through advocate Siddh Vidya, contends that it is not only contrary to SC judgment but also violative of central acts that specify manner in which meat should be handled and transported.
The plea states that the BMC policy cannot be taken to bestow any licence on the municipal authorities in the garb of regulation of markets to permit non-supervised “meat markets” and/or slaughter sites all over and/or anywhere in the city/ across the state, ignoring all principles of sanitation, hygiene and health.
The Food Safety and Standards (Licensing and Registering of Food Business) Regulations, 2011, provides for standards to be maintained in the process of slaughtering. Its provisions have overriding effect over one and all enactments.
New BMC policy has done away with the FSSAI mandate
In addition, the Food Safety and Standards Authority of India (FSSAI) mentions that the pre and post examination of animal to be slaughtered, when permitted at private or Isolated public places, is to be done by veterinary experts. The new BMC policy has done away with the FSSAI mandate.
“The number of veterinary expert required for carrying out the required certification at dispersed sites are not available for necessary inspection,” states the plea. “The meat without medical examination is not to be used for human consumption as laid down in the Food Safety and Standards (Licensing and Registering of Food Business) Regulations.”
The Environment (Protection) Act lay down the standards of effluents to be discharged from slaughter house.
The collective reading of FSSAI and Environment (Protection) Act leaves no manner of doubt that no local or municipal authorities shall have any power or authority which would detract to any extent anything contrary to scheme covered or governed by these enactments, the plea adds.
Prevention of Cruelty to Animals Act
Further there is Prevention of Cruelty to Animals Act, which states that there is a need to treat subject of slaughter with humane approach.
In addition the Motor Vehicles Act and Rules are applicable with regard to transportation of animals and also the Aircraft Act make provisions for need to regulate slaughtering of animals in vicinity of airports and air travel centres.
The amended PIL was mentioned last week before the division bench of Acting Chief Justice SV Gangapurwala and Sandeep Marne.
