Raja Ram and Another vs State of U.P. and Others

M. Katju, J. and J.C. Mishra, JJ.—This petition has been filed praying for a writ of mandamus directing Respondent Nos. 6 to 13 not to run unlawful slaughter house for slaughtering the buffaloes in the vicinity of residential premises of the Petitioners and for a writ of mandamus directing the Respondent Nos. 3 to 5 to stop the unlawful slaughter house for slaughtering the buffaloes running in close vicinity of localities of various communities and religion and causing public nuisance and danger to human life and injurious to the health or physical comfort of the people of the locality.

We have heard learned Counsel for the parties. The writ petition has been filed as a public interest litigation for the benefits of the inhabitants of mohalla Garhi, Nagar Panchayat, Mariyahun, district Jaunpur. It is alleged in Para 3 of the writ petition that Respondent Nos. 6 to 13 are running unlawful slaughter house where they slaughter buffaloes and she-buffaloes in the vicinity of residential premises without any licence. In para 4, it is alleged that no bye-laws have been framed by the Nagar Panchayat in respect of the slaughter house. In para 5, it is alleged that on account of the said slaughter house the Respondents 6 to 13 are spreading the remains of slaughtered cattle in the close vicinity of the residential houses and on pathway and the same has resulted in foul smell, filth and offensive smell, infections and causes danger to human life and is injurious to the health or physical comfort of the people there. In para 6, it is alleged that on account of the said unlawful slaughter house in the said mohalla the birds of all kinds and dogs spread the remains of the slaughtered cattle on the top of the house and doors and thereby causes a tense situation. In view of this tense situation the Petitioners and other inhabitants of the locality moved an application before the Up-Ziladhikari, Mariyahun for removal of the said unlawful slaughter house. True copy of the said application is Annexure-1 to the writ petition. In para 8, it is alleged that the Petitioner and other inhabitants moved an application before the District Magistrate. True copy of the order passed on that application is Annexure-2. By this order the District Magistrate directed the Deputy Collector, Mariyahun to look into the matter and do the needful. Accordingly, the Deputy Collector made an enquiry through the Tahsildar. The report of the Tahsildar dated 26.8.1997 and report of S.H.O. concerned dated 29.8.1997 are Annexure-3. The President Nagar Panchayat also submitted a report to the District Magistrate true copy of which is Annexure-4 to the writ petition.

In Para 11 of the writ petition, it is alleged that after making fullfledged enquiry, the Pargana Magistrate/Up-Ziladhikari, Mariyahun passed an order dated 29.8.1997 for stopping the slaughtering of the cattle in the said slaughter house. True copy of the said order is Annexure-5. Thereafter on 30.8.1997 the Respondent Nos. 6 to 13 moved an application before the Deputy Collector who passed an order dated 30.8.1997, true copy of which is Annexure-6. Against this order, the Respondent Nos. 3 to 6 filed a revision in this Hon''ble Court which was disposed of by the judgment dated 10.9.1997 true copy of which is Annexure-7 to the writ petition. By this judgment, this Court observed that the revisionist has given an undertaking to keep the area clean and hence this Court modified the order of the District Magistrate dated 30.8.1997 and directed that the said order shall remain in operation till the remains of the slaughtered cattle will not be spread in the vicinity and will not create nuisance in the mohalla and danger to the human life and that they will remove all the remains of the butchered animals lying on the spot.

In Para 14 of the writ petition, it is alleged that on 8.9.1997 the Deputy Chief Medical Officer, Jaunpur after inspection of the slaughter house filed a report, true copy of which is Annexure-8. In this report, he recommended closure of the slaughter house to prevent epidemic diseases. In Para 16, it is alleged that the said slaughter house has never been granted any licence. Accordingly, it has been prayed that the aforesaid slaughter house be closed.

A learned single Judge of this Court in Banarsi Vs. Abdul Ghani alias Rigal and Others, . held that it is open to any citizen to slaughter any kind of animal except where there is a law against the same. There may be a bye-law made by the Municipality or Zila Parishad or other local body specifying the place of slaughter and making other regulations for sanitation hygiene and health. There may also be a rule or regulation that the slaughter should not take place within a certain distance of any place of worship. This is a matter to be regulated by appropriate law, rules or bye-laws of the Legislature or local body. This is free and democratic country and slaughtering of buffaloes cannot be stopped unless there is a law against it.

Following this decision, a Division Bench of this Court in Nisar Ahmad v. District Magistrate, Kanpur Dehat 1994 ALR 402, took the same view. We are in respectful agreement with the aforesaid judgments. This is a free, democratic and secular country and unless there is some law against it, there can be no prohibition of slaughter of animals. The only prohibition against killing of animals in the U.P. Prevention of Cow Slaughter Act as well as the Wild Life (Protection) Act, and these should be observed strictly. It is open to the Municipality and Zila Parishad to make rules, regulations or bye-laws for fixing the place of slaughter, etc. A bye-law or regulation can also be made by the local body that no slaughter can take place within certain reasonable distance from a place of worship, school, etc. and if such bye-laws are made, they must be observed.

In the circumstances, we are of the opinion that the Petitioner may approach the Nagar Panchayat, Mariyahun for making suitable regulations or bye-laws for the purpose of health, hygiene and sanitation or for prohibiting the slaughter of animals within a certain reasonable distance of a place of worship, educational institution, etc. If the Petitioner makes such an application before the Nagar Panchayat, Mariyahun for making appropriate bye-laws, the same will be decided in accordance with law and appropriate bye-laws made within a month thereafter. However, we make it clear that there cannot be an absolute prohibition of slaughter of buffaloes. The law is against slaughter of wild life and cows. and not of buffaloes. With these observations, the petition is disposed of.