Qurbani permissible on Id-ul-Zuha in Assam: Gauhati HC

Qurbani permissible on Id-ul-Zuha in Assam: Gauhati HC

GUWAHATI: Placing an finish to all controversies over the slaughter of animals on the event of Bakrid, the Gauhati Excessive Court docket on Saturday clarified that animal slaughter on Bakrid or Idd-uz-Zuha is permissible beneath the supply of legislation.

Hours after the Excessive Court docket order, Assam Chief Minister Himanta Biswa Sarma made a fervent attraction to the Muslim group to observe the Assam Cattle Preservation Guidelines, 2021 which forbids the sacrifice of cows or consumption of beef in areas predominantly inhabited by Hindus, Jains, Sikhs, and different non-beef consuming communities and exhorted for not sacrificing any animal throughout Bakrid which can harm the non secular sentiments of different communities.

There have been numerous controversies over animal sacrifice this time following the order of the Animal Welfare Board of India (AWBI) to cease the unlawful killing, and sacrifice of cattle, calves, camels and different animals and take motion towards the offenders for violation of Transport of Animals Guidelines on the event.

Following the directive, on July 7, the federal government of Assam additionally notified the deputy commissioner (DC) and superintendent of police (SP) of all districts within the state to make sure that the “unlawful sacrifice” of animals throughout Eid doesn’t happen.

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The joint secretary to the Authorities of Assam, KK Sharma, in a letter referred to a notification from the Animal Welfare Board of India beneath the ministry of fisheries, animal husbandry and dairying of the federal government of India. The letter directed to cease the unlawful killing, and the sacrifice of cattle, calves, camels and different animals.

Famous lawyer Hifzur Rahman Chowdhury who challenged the 2 communications by the Animal Welfare Board of India and Authorities of India on July 9 contented that the communications are in violation of the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Assam Cattle Prevention Act, 2021 and referred to numerous provisions together with the proviso to Part 6 of the Assam Cattle Preservation Act, 2021 and contended that the state authorities can exempt sure locations of worship or sure events for non secular functions and on that premise, has sought clarification concerning the permissibility of lawful animal sacrifice on the event of Bakrid as there may be some confusion on this connection.

A Division Bench of the Excessive Court docket comprising Justice Manash Ranjan Pathak and Manish Choudhury of the Gauhati Excessive Court docket whereas disposing of a PIL noticed that neither the directives contained within the letter dated July 7 of the AWBI nor the directives contained within the letter dated July 4 of the Assam authorities are discovered repugnant to any of the provisions contained within the Prevention of Cruelty Animal Act, 1960 and the Guidelines and Rules framed beneath it, the Meals Security and Requirements Act, 2006 together with the Guidelines and Rules framed beneath it in addition to the Assam Cattle Preservation Act, 2021 together with the Assam Cattle Preservation Guidelines, 2022. 

Nevertheless, the Excessive Court docket opined, “It’s nonetheless acceptable to make clear that slaughter of animals on the event of Bakrid, save and besides the prohibitions contained within the aforementioned statutes, is permissible, within the method as offered therein.”

Within the PIL, the petitioner has challenged two communications stating that these violate the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Assam Cattle Prevention Act, 2021.

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Choudhury has submitted that the Board has no such energy, jurisdiction or authority to situation any such communications to the authorities involved within the state authorities concerning stopping such sacrifice of animals on the event of Bakrid or some other non secular festivals of the nation.

The petitioner submitted that the state authorities has not formulated any guidelines beneath the 2021 Act, however in the course of the deliberation of the matter, it’s said within the bar that the Assam Cattle Preservation Guidelines, 2022 framed beneath the mentioned 2021 Act have come into power from June 7. 

The petitioner submitted that the impugned communications on July 7 of the Secretary to the AWBI and the consequential communication dated July 4 of the state authorities can not override the statutory provisions made within the 2021 Act in addition to the 2022 Guidelines.