Battle Over Cattle

With the matter all set to go to court, the Centre finds itself on a precarious footing.

- Virag Gupta

The release of Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, issued by the Ministry of Environment, Forests and Climate Change, moot several questions including the law making power of the Centre in federal setup and freedom of trade.

The Rules allow only the farmland owners to trade cattle at cattle markers, wherein they will be required to comply with norms such as recording the sale as well as tendering affidavit before the market committee. The rules cover bulls, bullocks, cows, buffaloes, steers, heifers, calves, and camel and are said to be made for the protection of the same.

Law-making power

Prevention of cruelty to animals is a subject covered by Concurrent List, i.e. both Centre and State have lawmaking power on the same. Several states in India do not have any ban on slaughter of animals, including cows. Importantly, Rule 15 of the State list covers, “Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.”

The present Cattle Rules extend to all the States and have been made under Prevention of Cruelty to Animals Act, 1960, a legislation made on the subject covered by the Concurrent List. As the present Rules flow down from the Act, prima facie it does look that the Centre had the power to frame the Rules. At the same time, the Rules can also be labelled as examples of colourable legislation, with its true intent clashing with the State subject.

Federalism in question