Professional Documents
Culture Documents
Memorandum
(a) to abide by the Constitution and respect its ideals and institutions, the
National Flag, and the National Anthem.
(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom.
(c) to uphold and protect the sovereignty, unity, and integrity of India.
(d) to defend the country and render national service when called upon to
do so.
(e) to promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic, and regional or
sectional diversities, to renounce practices derogatory to the dignity of
women.
(f) to value and preserve the rich heritage of our composite culture.
(g) to protect and improve the natural environment including forests,
lakes, rivers and wildlife, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry
and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement.
(k) who is a parent or guardian to provide opportunities for education to
his child or, as the case may be, ward between the age of six and fourteen
years.
A). I solemnly swear to use my scientific knowledge and skills for the
benefit of society through the protection of animal health, the relief of
animal suffering, the conservation of livestock resources, the promotion
of public health, and the advancement of knowledge in veterinary
science.
The Food Safety and Standards (Food Products Standards and Food
Additives) Regulations, 2011 under the Food Safety and Standards Act, 2006,
wherein definition of animals is given, and approved.
Ritual Slaughter:
Ritual slaughter is slaughter done according to the religious
requirements of either the Jewish (sachet) or Muslim (Halal) and Hindu
(Jhatka) religious faith. The animal is slaughtered, with / without being
stunned, with a razor-sharp knife. When the cut is done correctly, the
animal appears not to feel it. From an animal welfare standpoint, the
major concerns during ritual slaughter are the stressful and cruel
methods of restraint (holding) that are used in some plants. Progressive
slaughter plants use devices to hold the animal in a comfortable,
upright position. For both humane and safety reasons, plants which
conduct ritual slaughter should install modern upright restraining
equipment.
Streamlining of Halal Certification Process for Meat and Meat Products:
"Halal" and "haram" are terms used in Islam to classify what is permissible
(halal) and what is forbidden or prohibited (haram) according to Islamic law
(Sharia).
Halal:
This term refers to things or actions that are permissible or lawful
according to Islamic teachings. It encompasses various aspects of life,
including food, behavior, and business dealings. For example, halal
food adheres to specific guidelines, such as the avoidance of pork and
alcohol, and the use of humane methods in animal slaughter.
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Haram:
Haram, on the other hand, denotes what is forbidden or prohibited in
Islam. Actions or items labeled as haram are considered sinful or
unlawful according to Islamic teachings. This can include actions like
consuming alcohol, eating pork, engaging in dishonest business
practices, or engaging in certain behaviors or relationships that are
prohibited by Islamic law.
The Food Safety and Standards Authority of India (FSSAI) oversees food
regulations in India. The Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulations, 2011, are part of the legal
framework governing food businesses in the country. However, these
regulations primarily focus on food safety and hygiene standards rather than
religious or cultural practices related to animal slaughter.
Regarding stunning before animal slaughtering, while the FSSAI regulations
emphasize standards for the hygiene and safety of food processing, they
might not specifically mandate stunning before slaughter. The regulations
primarily focus on ensuring that food businesses maintain hygienic
conditions, follow good manufacturing practices, and meet safety standards
during various stages of food processing, including animal slaughter.
However, specific requirements or regulations related to stunning before
animal slaughtering might exist at the state or local level, and these could
potentially conflict with traditional halal practices. In such cases, there might
be discussions or debates between religious practices and food safety
regulations.
It's essential to review both the FSSAI regulations and any additional local or
state regulations that might specifically address stunning before animal
slaughter to get a comprehensive understanding of the legal requirements
and their implications on religious or cultural practices related to animal
slaughter in India.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, which were
amended in 2010, include provisions that mandate stunning before animal
slaughtering in India. These rules were put in place to ensure the humane
treatment of animals during slaughter and are aimed at improving animal
welfare standards in slaughterhouses.
The amended rules include guidelines for the proper handling and slaughter
of animals in registered slaughterhouses. Among the provisions is the
requirement for stunning animals before slaughter to minimize suffering and
ensure a more humane process.
However, these regulations might conflict with traditional halal methods that
emphasize specific religious practices during animal slaughter, where
stunning before slaughter is not part of the process.
This requirement has led to debates and discussions within religious
communities, particularly among those following Islamic dietary laws, as
stunning before slaughter might not align with their religious practices.
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The implementation and adherence to these rules can vary across regions and
slaughterhouses in India. While the rules aim to improve animal welfare, they
can pose challenges for communities that follow specific religious guidelines
for animal slaughter.
As per Food Safety and Standards Act, 2006:
Section 29: Authorities responsible for enforcement of Act.
(1) The Food Authority and the State Food Safety Authorities shall be
responsible for the enforcement of this Act.
(2) The Food Authority and the State Food Safety Authorities shall monitor
and verify that the relevant requirements of law are fulfilled by food business
operators at all stages of food business.
(3) The authorities shall maintain a system of control and other activities as
appropriate to the circumstances, including public communication on food
safety and risk, food safety surveillance and other monitoring activities
covering all stages of food business.
(4) The Food Safety Officers shall enforce and execute within their area the
provisions of this Act with respect to which the duty is not imposed expressly
or by necessary implication on some other authority.
(5) The regulations under this Act shall specify which of the Food Safety
Officers are to enforce and execute them, either generally or in relation to
cases of a particular description or a particular area, and any such regulations
or orders may provide for the giving of assistance and information by any
authority concerned in 11the administration of the regulations or orders, or of
any provisions of this Act, to any other authority so concerned, for the
purposes of their respective duties under them.
(6) The Commissioner of Food Safety and Designated Officer shall exercise
the same powers as are conferred on the Food Safety Officer and follow the
same procedure specified in this Act.
Section 89: Overriding effect of this Act over all other food related laws -
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force
or in any instrument having effect by virtue of any law other than this Act.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001:
Rule 6. Slaughter –
(1) No animal shall be slaughtered in a slaughter house in sight of other
animals
(2) No animal shall be administered any chemical, drug or hormone
before slaughter except drug for its treatment for any specific disease
or ailment.
(3) The slaughter halls in a slaughter house shall provide separate
sections of adequate dimensions sufficient for slaughter of individual
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Section 2. Definitions. —
In this Act, unless the context otherwise requires, —
Sub section (16) “goods” includes animals;
Animal term, repeatedly used 101 times, cattle 14 times, dog 21 times,
slaughter 24 times, straying 5 times and nuisance 43 times
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Section 2: Definitions-
In this Act, unless the context otherwise requires, -
Sub section (21) “goods” includes animals;
Sub section (26) “market” includes any place where persons assemble for the
sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables,
animals intended for human food or any other articles of human food
whatsoever, with or without the consent of the owner of such place
notwithstanding that there may be no common regulation for the concourse of
buyers and sellers and whether or not any control is exercised over the
business of, or the persons frequenting, the market by the owner of the place or
by any other person;
Section 113:
Taxes to be imposed by the Corporation under this Act -
(1) The Corporation shall, for the purposes of this Act, levy the following taxes,
namely: -
(b) a tax on vehicles and animals;
Section 135.
Power of Commissioner to employ valuers. Tax on vehicles and animals
Section 137:
The tax on whom leviable.—The tax on vehicles or animals shall be leviable
upon the owner of, or the person having possession or control of, such vehicles
or animals in respect of which the tax is leviable: Provided that in the case of an
animal generally used or employed in drawing any vehicle, the tax in respect of
such animal shall be leviable upon the owner of, or the person having
possession or control of, such vehicle, whether or not such animal is owned by
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such owner or person: Provided further that the tax under this section shall not
be levied in respect of—
(a) vehicles and animals belonging to the Central Government or to the
Corporation used or intended to be used solely for public purposes;
Section 138:
Tax when payable-
The tax on vehicles or animals shall be payable in advance in such number of
instalments and in such manner as may be determined by bye-laws made in this
behalf.
Section 139:
Power of Commissioner to compound with livery stable keeper, etc., for tax-
The Commissioner may, with the approval of the Standing Committee,
compound for any period not exceeding one year at a time, with any livery stable
keeper or other person keeping vehicles for hire or animals for sale or hire, for
a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the
taxes leviable under section 136 which such livery stable keeper or other person
would otherwise be liable to pay.
Section 161:
Power of seizure of vehicles and animals in case of non-payment of tax thereon.
Section 383:
Power to restrict or prohibit sale of food or drink-
When Delhi or any part thereof is visited or threatened by an outbreak of any
dangerous disease the Commissioner may, by public notice, restrict in such
manner or prohibit for such period as may be specified in the notice, the sale or
preparation of any article of food or drink for human consumption specified in
the notice or the sale of any flesh of any description of animal so specified.
(2) In respect of the disposal of the carcass of a dead animal under clause
(b) of sub-section (1) the Commissioner may charge such fee as he may
by public notice prescribe.
CHAPTER XIX
Section 399:
Registration and control of dogs-
(2) The Commissioner may—
(a) cause to be destroyed, or to be confined for such period as he may direct,
any dog or other animal which is, or is reasonably suspected to be, suffering
from rabies, or which has been bitten by any dog or other animal suffering or
suspected to be suffering from rabies;
(3) No damages shall be payable in respect of any dog or other animal destroyed
or otherwise disposed of under this section.
(5) No one shall—
(a) allow any ferocious dog which belongs to him or is in his charge to be at
large without being muzzled, or
(b) set on or urge any dog or other animal to attack, worry or intimidate any
person, or
(c) knowing or having reason to believe that any dog or animal belonging to him
or in his charge has been bitten by an animal suffering or reasonably suspected
to be suffering from rabies, fail or neglect to give immediate information of the
fact to the Commissioner or give information which is false.
CHAPTER XX
Section 405:
Provisions of municipal markets and slaughter houses-
(1) The Commissioner, when authorised by the Corporation in this behalf, may
provide and maintain municipal markets and slaughter houses in such number
as he thinks fit together with stalls, shops, sheds, pens and other buildings and
conveniences for the use of persons carrying on trade or business in, or
frequenting such markets or slaughter houses and may provide and maintain in
any such markets, buildings and places machines, weights, scales and
measures for the weighment or measurement of goods sold therein.
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(2) Municipal markets and slaughter houses shall be under the control of the
Commissioner who may, at any time, by public notice, close any municipal
market or slaughter house or any part thereof.
Section 406:
Use of municipal markets-
(1) No persons shall, without the general or special permission in writing of the
Commissioner, sell or expose for sale any animal or article in any municipal
market. (2) Any person contravening the provisions of sub-section (1), and any
animal or article exposed for sale by such person, may be summarily removed
from the market by or under the orders of the Commissioner or any officer or
employee of the Corporation authorized by the Commissioner in this behalf.
Section 407:
Private markets and slaughter houses-
(1) No place other than a municipal market shall be used as a market unless
such place has been licensed as a market by the Commissioner.
(2) No place other than a municipal slaughter house shall be used as a slaughter
house: Provided that nothing in this sub-section shall be deemed—
(a) to restrict the slaughter of any animal in any place on the occasion of any
religious festival or ceremony, subject to such conditions (non-compliance with
which shall be punishable under this Act) as the Commissioner may, by public
or special notice, impose in this behalf, or (b) to prevent the Commissioner, with
the sanction of the Corporation, from setting apart places for the slaughter of
animals in accordance with religious custom.
Section 410:
Prohibition of use of unlicensed markets-
No person knowing that any market has been opened to the public without a
license having been obtained therefor when such license is required by or under
this Act or that the license granted therefor is for the time being suspended or
that it has been cancelled, shall sell or expose for sale any animal or article in
such market.
Section 411:
Prohibition of business and trade near a market-
(1) No animal or article shall be sold or exposed for sale within a distance of one
hundred yards of any municipal market or licensed private market without the
permission of the Commissioner.
(2) Any person contravening the provisions of sub-section (1) and any animal
or article exposed for sale by such person may be summarily removed by or
under the orders of the Commissioner or any officer or employee of the
Corporation appointed by him in this behalf.
Section 412:
Levy of stallages, rents and fees-
The Commissioner, with the previous approval of the Standing Committee, may-
(iv) for the right to slaughter animals in any municipal slaughter house, and for
the feed of such animals before they are ready for slaughter; or
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Section 417:
Premises not to be used for certain purposes without license-
(1) No person shall use or permit to be used any premises for any of the
following purposes without or otherwise than in conformity with the terms
of a license granted by the Commissioner in this behalf, namely: -
(c) keeping horses, cattle or other quadruped animals or birds for
transportation, sale or hire or for sale of the produce thereof; or
Section 418.
Seizure of certain animals-
(1) If any horses, cattle or other quadruped animals or birds are kept on any
premises in contravention of the provisions of section 417, or are found
abandoned and roaming or tethered on any street or public place or on
any land belonging to the Corporation, the Commissioner or any officer
empowered by him may seize them and may cause them to be impounded
or removed to such place as may be appointed by the Government or the
Corporation for this purpose and the cost of seizure of these animals or
birds and of impounding or removing them and of feeding and watering
them shall be recoverable by sale by auction of these animals or birds:
Provided that anyone claiming such animal or bird may, within seven
days of the seizure get them released on his paying all expenses incurred
by the Commissioner in seizing, impounding or removing and in feeding
and watering such animal or bird, and on his producing a license for
keeping these animals and birds issued under the provisions of section
417.
(2) Whenever the Commissioner is of opinion that the user of any premises
for any of the purposes referred to in sub-section (1) of section 417 is
causing a nuisance and such nuisance should be immediately stopped,
the Commissioner may order the owner or the occupier of the premises
to stop such nuisance within such time as may be specified in the order
and in the event of the failure of the owner or occupier to comply with
such order, the Commissioner may himself or by an officer subordinate
to him cause such user to be stopped.
(3) Without prejudice to the foregoing provisions of this section any person
by whom or at whose instance any horses, cattle or other quadruped
animals or birds are so kept, abandoned or tethered, shall also be
punishable under this Act.
contravened thereat and may seize any such animal or the carcass of
such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise dispose
of any animal or carcass of any animal or any flesh seized under sub-
section (1).
(3) If within one month of such seizure the owner of the animal, carcass or
flesh face to appear and prove his claim to the satisfaction of the
Commissioner or if the owner is convicted of an offence under this Act in
respect of such animal, carcass or flesh, the proceeds of any sale under
sub-section (1) shall vest in the Corporation.
(4) Any person slaughtering any animal or selling or exposing for sale the
flesh of any such animal in any place or manner not duly authorized under
the provisions of this Act may be arrested by any police officer without a
warrant.
Section 481:
Power to make bye-laws-
(1) Subject to the provisions of this Act the Corporation may, in addition to
any bye-laws which it is empowered to make by any other provision of
this Act, make bye-laws to provide for all or any of the following matters,
namely: —
A. Bye-laws relating to taxation:
(5) the notice to be given to the Commissioner by any person who becomes the
owner or possessor of a vehicle or animal in respect of which any tax is payable
under this Act;
(7) the setting apart of separate areas for different classes of articles in market
buildings and market places;
(8) the disposal or destruction of animals offered for slaughter which are, from
disease or any other cause, unfit for human consumption;
(9) the destruction of carcasses which from any disease or any other cause are
found after slaughter to be unfit for human consumption;
(10) the regulation of the entry of animals into slaughter house and the bringing
out of the carcasses of such animals after slaughter and the fee to be paid for
use of slaughter houses;
(11) the proper custody and care of animals for the keeping of which licenses
are granted under section 417;
(12) the regulation of the import of animals and flesh within Delhi;
(13) the rendering necessary of licences for the use of premises within Delhi as
stables or cow-houses or as an accommodation for sheep, goat or buffalo, and
the fees payable for such licenses and the conditions subject to which such
licenses may be granted, refused, suspended or revoked;
(14) the regulation of sarais, hotels, dak bungalows, lodging houses, boarding
houses, buildings, let-in-tenements, residential clubs, restaurants, eating
houses, cafes, refreshment rooms and places of public recreation,
entertainment or resort;
(15) the control and supervision of places where dangerous or offensive trades
are carried on so to secure cleanliness therein or to minimize injurious,
offensive or dangerous effects arising or likely to arise therefrom;
(16) the regulation of the posting of bills and advertisements and of the position,
size, shape or style of the name boards, sign-boards and sign-posts;
(17) the fixation of a method for the sale of articles whether by measure, weight;
piece or any other method;
(18) the procedure regarding the grant of permit to establish a factory, workshop
or trade premises;
(19) the regulation of smoke in factories workshops and trade premises;
(20) the regulation of sanitary conditions in factories, workshops, and trade
premises;
(21) the regulation of the use in any factory, workshop or trade premises of
whistle, trumpet, siren, or horn worked by steam, compressed air, electricity or
other mechanical means;
(22) the prevention of nuisance in any market building, market place, slaughter
house or any factory, workshop or trade premises;
Section 2: Definitions-
Section 28 (j) prohibiting, except along certain specified streets and during
specified hours and subject to such conditions as may be specified in that
behalf, the exposure or movement in any street of persons or animals suffering
from contagious or infectious diseases, the carcasses of animals or parts of
such carcasses or corpses of persons deceased;
Section (l) setting apart places for slaughtering animals, the cleaning of
carcasses or hides, the deposit of noxious or offensive matter and for obeying
calls of nature;
Section 78. Arrest without warrant in case of certain offences under Act 59 of
1960.
Any police officer may arrest, without a warrant from a Magistrate, any person
committing in his presence any offence punishable under clauses (a) to (m)
(both inclusive) of sub-section (1) of section 11 of the Prevention of Cruelly to
Animals Act, 1960.
CHAPTER X
OFFENCES AND PUNISHMENTS
No person shall— (a) when driving a vehicle along a street (except in cases of
actual necessity or of some other sufficient reason for deviation) fail to keep on
the left side of such street and when passing any other vehicle proceeding in
the same direction fail to keep on the right side of such vehicle; or (b) leave in
any street or public place insufficiently tended or secured any animal or vehicle.
Section 87. Letting loose horse, etc., and suffering ferocious dogs to be at large-
No person shall in any street or public place-
(a) negligently let lose any horse or other animal, so as to cause danger, injury,
alarm or annoyance; or
(b) suffer a ferocious dog to be at large without a muzzle; or
(c) set on or urge a dog or other animal to attack, worry or put in fear any person
or horse or other animal.
As per Rule 3:
Society for Prevention of Cruelty to animals in a district:
(ii). at least two members shall be the persons elected by the general
body of members of the Society.
(3) The duties and powers of the Society shall be to aid the Government,
the Board and local authority in enforcing the provisions of the Act
and to make such bye-laws and guidelines as it may deem necessary
for the efficient discharge of its duties.
(1) Every State Government shall provide adequate land and other facilities to
the Society for the purpose of constructing infirmaries and animal shelters.
(2) Every infirmary and animal shelter shall have –
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(i) a full-time veterinary doctor and other staff for the effective running and
maintenance of such infirmary or animal shelter; and
(ii) an administrator who shall be appointed by the Society.
(3) Every Society shall, through its administrator or otherwise, supervise the
overall functioning of the infirmaries and animal shelters under its control and
jurisdiction. (4) All cattle pounds and pinjrapoles owned and run by a local
authority shall be managed by such authority jointly with the Society or Animal
Welfare Organizations.
(1) Every Society shall submit its annual report to the Board incorporating
therein the activities undertaken by it for the welfare of animals and the
steps or measures taken by it to implement various provisions of the Act
and the rules made thereunder along with annual accounts duly audited
by a chartered accountant or any other body authorized by law within a
period of one month from the date of its accounts having been finalized
by its managing committee.
(2) The Board shall examine such annual report and the annual accounts
submitted by the Society and may give any directions to it for
improvement of its functioning including the supersession of the
managing committee of the Society with a view to give effect to the
provisions of the Act and the rules made thereunder. Provided that the
Board shall give opportunity of personal hearing to the office bearers of
the Society or any representative authorized by it before giving direction
of its supersession and holding of fresh elections for electing a new
managing committee as per bye-laws of the society.
(3) The Board shall give any direction to any Society in the interest of smooth
and efficient functioning of the Society including the procedure for
holding the election of the managing committee of the Society, utilization
of financial resources and management of assets of the Society with a
view to give effect to the provisions of the Act and the rules made
thereunder.
Prayers:
Code of Criminal Procedure, 1973:
B.—Public nuisances
Section 133:
(b) that the conduct of any trade or occupation, or the keeping of any goods or
merchandise, is injurious to the health or physical comfort of the community,
and that in consequence such trade or occupation should be prohibited or
regulated or such goods or merchandise should be removed or the keeping
thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as
is likely to occasion configuration or explosion, should be prevented or
stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it
is likely to fall and thereby cause injury to persons living or carrying on business
in the neighbourhood or passing by, and that in consequence the removal,
repair or support of such building, tent or structure, or the removal or support
of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place
should be fenced in such manner as to prevent danger arising to the public; or
Immediate attention:
Halal versus haram: Cruel animal transportation as goods, breaching public
trust, violating section 47 of IPC, read with section 2 and 3 of the Prevention of
Cruelty to Animals Act, 1960 and article 51A of Indian Constitution.
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Issue conditional orders, as per 133 and 144 of Code of Criminal Procedure,
1973, restoring five freedoms for animals, as per Constitutional Bench of
Hon’ble Supreme Court of India, keeping in view, transportation mechanism
passed on 27-8-2013, in CWP No. 309 of 2003, read with Standing Orders No.
31 of 2022, passed by Delhi Police and Delhi High Court orders passed in CWP
No. 2316 of 2017. Hon’ble Supreme Court of India, verdict on 5 freedoms for
animal, SLP (C) No.11686 of 2007, read with WP (C) No. 23 of 2016:
Chapter 7.1.2 of the guidelines of OIE, recognizes five internationally
recognized freedoms for animals, such as:
(i) freedom from hunger, thirst and malnutrition.
(ii) freedom from fear and distress.
(iii) freedom from physical and thermal discomfort.
(iv) freedom from pain, injury and disease and
(v) freedom to express normal patterns of behaviour.