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To,
His Excellency Governor of Gujarat, at Gandhinagar.
Subject: Petition under article 243W of Indian Constitution.
References: Animal Law Handbook for Urban Local Bodies - Compendium.
Memorandum
Being an active part of Community Policing as man of many achievements and
distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist by
profession: Activist by mission: Educationist by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by vision and action, and speaking
truth, performing fundamental duties, as social reformer, compassionate citizen,
and unpaid labour for flora and fauna, our mission: Conservation beyond
imagination.
Publication: Books compiled for legislations related to Animal Welfare and
Biodiversity, publication of approved Research thesis, awarded PhD.
Functions of the State Committee for Slaughter Houses so constituted may
be as following:
1. to identify and prepare a list of all the Slaughter Houses, located within
the local self Govt. Municipal Corporations, Cantonments, Panchayats
etc.
2. to call for reports from the District Magistrate or the Dy Commissioner
and District Food Safety Inspector as the case may be on the
condition- functioning of the S.H.s and also on the compliance of the
relevant applicable laws.
3. to recommend modernization of old slaughter houses and to relocate
S.H.s which are located within or in close proximity of a residential
area.
4. to recommend appropriate measures for dealing with solid waste,
water, air pollution and for preventing cruelty to the animals meant for
slaughter.
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5. to carry out surprise and random inspections of S.H.s regularly and to
issue directions for compliance of the recommendations that may be
made by it.
6. to send bi annual reports on the state S.H.s to the Central Committee
and to refer issues that may require Central Committee
recommendations or Central Govt. assistance.
7. to accord final approval for licensing of S.H.S to Local Self Govt.
8. to identify on an ongoing basis, the unlicensed slaughter houses in the
region, and other unlicensed, unlawful establishments where animals
are being slaughtered, on howsoever a small scale, and take the help
of the District Magistrate and other law enforcement agencies to crack
down on the same.
9. To check for child labour.
The core infrastructure elements in a Smart City would include:
Adequate water supply / Assured electricity supply / Sanitation, including solid
waste management / Efficient urban mobility and public transport / Affordable
housing, especially for the poor / Robust IT connectivity and Digitalization /
Good Governance, especially eGovernance and citizen participation,
Sustainable environment / Safety and security of citizens, particularly women,
children and the elderly, and Health and education.
Background and Legal Framework- Animal Classification under Food Safety
Laws:
As per Regulation 2.5.1(a) of the Food Safety and Standards (Food Products
Standards and Food Additives) Regulations, 2011, read with FSS Act, 2006, the
following animals are considered within the scope of meat standards:
o Ovines (sheep)
o Caprines (goats)
o Suillines (pigs)
o Bovines (cattle including buffaloes)
o Domestic Rabbits and includes poultry and fish
2. Prohibited Practices and Compliance Concerns:
o Meat of camels, often used during ritual slaughter, is not
hygienically approved for human consumption.
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o Stunning before slaughter is being bypassed, violating Rule 6(4) of
the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
o Transport of animals is occurring in unauthorized vehicles,
violating:
▪ Central Motor Vehicle Rules (11th/13th Amendments, 2016,
2016 and 2018)
▪ Transportation of Animals Rules, 1978, amended in 2001 and
2009
▪ Veterinary Council of India’s Code of Ethics Regulations,
1992
3. Food Safety and Animal Welfare Violations
o Unlicensed and unhygienic slaughtering without veterinary
supervision is in violation of the Food Safety and Standards
(Licensing and Registration of Food Businesses) Regulation, 2011.
4. Ritual Slaughter – Animal Welfare and Public Order
o While religious freedom under Article 25 and section 11(3) with 28
of Prevention of Cruelty to Animals Act, 1960 is respected, the
practice of slaughter without proper restraint or stunning is a
concern for public health, law & order, and animal welfare.
o The slaughter of animals in public spaces and residential colonies
is a public nuisance and must be curbed under Section 163 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
o Section 16(5) of the Food Safety and Standards Act, 2006.
Community Policing in good faith as scouting for Constitutional Framework for
Animal Management for Urban Local Bodies - For Urban Local Government, the
Twelfth Schedule (Article 243W) grants the authority to regulate
slaughterhouses and tanneries, establish cattle pounds and prevent cruelty to
animals and provide for public health, sanitation conservancy, solid waste
management. These provisions establish a foundational framework for animal
management responsibilities exercised by respective local bodies.
Article 243W of Indian Constitution: Powers, authority and responsibilities of
Municipalities, etc.-
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Subject to the provisions of this Constitution, the Legislature of a State
may, by law, endow-
(a) the Municipalities with such powers and authority as may be
necessary to enable them to function as institutions of self-government
and such law may contain provisions for the devolution of powers and
responsibilities upon Municipalities, subject to such conditions as may
be specified therein, with respect to-
(i) the preparation of plans for economic development and social justice.
(ii) the performance of functions and the implementation of schemes as
may be entrusted to them including those in relation to the matters listed
in the Twelfth Schedule.
(b) the Committees with such powers and authority as may be necessary
to enable them to carry out the responsibilities conferred upon them
including those in relation to the matters listed in the Twelfth Schedule.
Prayers:
Direct all DMs – SDMs, to issue preventive orders, removing public nuisance,
under section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Distribution to review all NOC, FSSAI licenses and CCA, being gross negligence
in overall supervisions, read with section 33A, 48 and 49 of Water Act, 1974 :
1. Gujarat Animal Welfare Board – All DSPCAs.
2. Gujarat Pollution Control Board – All Ros.
3. Gujarat Food Safety and Drugs Control
Administration – All Designated Officers.
With scouting spirits in good faith……
Dr. Sukanya Berwal, PhD
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