# LAXMI NARAIN MODI v. UNION OF INDIA AND OTHERS

- **Citation:** [2013] 9 S.C.R. 641
- **Court:** Supreme Court of India
- **Decided:** 2013-08-27
- **Bench:** K.S. Radhakrishnan, Pinaki Chandra Ghose
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/laxmi-narain-modi-v-union-of-india-and-others-29313
- **Pages:** 17

## Headnote

PREVENTION
OF
CRUELTY
TO
ANIMALS
A
B
(SLAUGHTER HOUSE) RULES, 2000:
C
Slaughter houses - Maintenance, supervision and
periodical inspection of -- Transportation of animals, their
loading and unloading, effluent disposal, solid waste disposal
etc - Orders dated 9.7.2013 and 23.8.2012 passed by 0
Supreme Court - Implementation of - Functioning of State
Committees -- Guidelines framed by MoEF -- Held: Few of
the States have filed the action taken reports detailing the
functioning of the Committees constituted -- MoEF, on
27.8.2013, filed a compliance report enclosing the broad E
framework to be followed by the State Committees for effective
supervision of slaughter houses and also with regard to
transportation of animals, loading and unloading, effluent
disposal, solid waste disposal and also with regard to the
periodical inspection of slaughter houses by respective State
F
Animal Welfare Boards - It is of extreme importance that State
Governments, State Animal Welfare Boards, Pollution Control
Board etc. should scrupulously follow the guidelines issued
by MoEF, in obedience to the direction given by the Court on
10.10.2012 - States of Tamil Nadu, Kamataka, Kera/a, Delhi,
Maharashtra and Uttar Pradesh are further directed to G
implement the provisions of the Act as well as the guidelines
issued by the MoEF, and file an action taken report -
Environment Protection Act, 1986, the Solid Wastes
641
H
642
SUPREME COURT REPORTS
[2013] 9 S.C.R.
A
(Management and Handling) Rules, 2000 - Prevention of
Cruelty to Animals (Establishment And Registration of
Societies for Prevention of Cruelty to Animals) Rules, 2000.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
B
309 of 2003.
Under Article 32 of the Constitution of India.
Rakesh Khanna, ASG, Raj Panjwani, Sanchar Anand,
Manjit Singh, lrshad Ahmed, AAG, Pranab Kumar Mullick,
c Soma Mullick, Purnima Bhat Kak, Vijay Panjwani, Aditya Singh,
Kiran Bhardwaj (for S.N. Terdal), D.S. Chadha, Pradhuman
Gohil, Vikash Singh, Bina Madhavan, Anip Sachthey, Saakar
Sardana, M. Yogesh Kanna, A. Santha Kumaran, Sasi Kala,
Aniruddha P. Mayee, Charudatta Mahindrakar, Mishra
D
Saurabh, Asha G. Nair, Chetan Chawla, Suryanarayana Singh
(for Pragati Neekhra), Aruna Mathur, Yusuf Khan, Nishi Sharma
(for Arputham Aruna & Co.), Gopal Prasad, Jayesh Gaurav,
Vibha Datta Makhija, M.P. Singh, Sunil Fernandes, lnsha Mir,
Astha Sharma, Mandeep Vinayak, Anjali Sharma, Praveena
E
Gautam, Bhavanishankar V. Gadnis, Sunita B. Rao, B.D.
Sharma, N. Vyas, Deep Shikha Bharati, Ved P. Arya, S.C.
Verma, Krishna Sarma, Riku Sharma, Mohan Prasad Gupta,
Sunita Sharma, M. Khairati, Vikas Malhotra, V.G. Pragasam,
S.J. Aristotle, Prabu Ramasubramanian, Samir Ali Khan,
Ranjan Mukherjee, S.C. Ghosh, S. Bhowmick, R.P. Yadav, Anil
F
Shrivastav, Rituraj Biswas (for Gopal Singh), K. Enatoli Serna,
Amit Kr. Singh, Pragyan Pradip Sharma, Heshu Kayina, Sapam
Biswajit Meitei, Kh.Nobin Singh, Mukesh Verma (for Yash Pal
Dingra), B.S. Banthia, V.K. Verma, Nikhil Nayyar, R. Ayyam
Perumal, Pradeep Misra, P.V. Yogeswaran, Dharam Bir Raj
G
Vohra, Abhijit Sengupta, Kuldip Singh, V.N. Raghupathy, P.V.
H
Dinesh, Ashok E. Srivastava, C.D. Singh, Anuvrat Sharma,
Punit Dutt Tyagi, Tara Chandra Sharma, Kamini Jaiswal,
Sanjay R. Hegde, Mukesh K. Giri, Shibashish Misra, Arun K.
Sinha, Hemantika Wahi, T.V. Ratnam, Sumita Hazarika,
LAXMI NARAIN MODI v. UNION OF INDIA
643
Mohan Prasad Meharia, Aruneshwar Gupta, K.R. Sasiprabhu, A
Naresh K. Sharma, Ajay Pal, Manik Karanjawala, C.K.
Sucharita for the appearing parties.
The Order of the Court was delivered by
K.S. RADHAKRISHNAN, J. 1. We have passed a
B
detailed order on 9.7.2013 expressing the apprehension as to
whether the Committees constituted, following our earlier order
dated 23.8.2012, are effectively functioning and whether proper
steps are being taken for proper implementation of the
provisions of the various legislations which have been passed, C
with regard to the transportation of animals, maintain

## Text

[2013] 9 S.C.R. 641
LAXMI NARAIN MODI
v.
UNION OF INDIA AND OTHERS
(Writ Petition (C) No. 309 of 2003)
AUGUST 27, 2013
[K.S. RADHAKRISHNAN AND
PINAKI CHANDRA GHOSE, JJ.]
PREVENTION
OF
CRUELTY
TO
ANIMALS
A
B
(SLAUGHTER HOUSE) RULES, 2000:
C
Slaughter houses - Maintenance, supervision and
periodical inspection of -- Transportation of animals, their
loading and unloading, effluent disposal, solid waste disposal
etc - Orders dated 9.7.2013 and 23.8.2012 passed by 0
Supreme Court - Implementation of - Functioning of State
Committees -- Guidelines framed by MoEF -- Held: Few of
the States have filed the action taken reports detailing the
functioning of the Committees constituted -- MoEF, on
27.8.2013, filed a compliance report enclosing the broad E
framework to be followed by the State Committees for effective
supervision of slaughter houses and also with regard to
transportation of animals, loading and unloading, effluent
disposal, solid waste disposal and also with regard to the
periodical inspection of slaughter houses by respective State
F
Animal Welfare Boards - It is of extreme importance that State
Governments, State Animal Welfare Boards, Pollution Control
Board etc. should scrupulously follow the guidelines issued
by MoEF, in obedience to the direction given by the Court on
10.10.2012 - States of Tamil Nadu, Kamataka, Kera/a, Delhi,
Maharashtra and Uttar Pradesh are further directed to G
implement the provisions of the Act as well as the guidelines
issued by the MoEF, and file an action taken report -
Environment Protection Act, 1986, the Solid Wastes
641
H
642
SUPREME COURT REPORTS
[2013] 9 S.C.R.
A
(Management and Handling) Rules, 2000 - Prevention of
Cruelty to Animals (Establishment And Registration of
Societies for Prevention of Cruelty to Animals) Rules, 2000.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
B
309 of 2003.
Under Article 32 of the Constitution of India.
Rakesh Khanna, ASG, Raj Panjwani, Sanchar Anand,
Manjit Singh, lrshad Ahmed, AAG, Pranab Kumar Mullick,
c Soma Mullick, Purnima Bhat Kak, Vijay Panjwani, Aditya Singh,
Kiran Bhardwaj (for S.N. Terdal), D.S. Chadha, Pradhuman
Gohil, Vikash Singh, Bina Madhavan, Anip Sachthey, Saakar
Sardana, M. Yogesh Kanna, A. Santha Kumaran, Sasi Kala,
Aniruddha P. Mayee, Charudatta Mahindrakar, Mishra
D
Saurabh, Asha G. Nair, Chetan Chawla, Suryanarayana Singh
(for Pragati Neekhra), Aruna Mathur, Yusuf Khan, Nishi Sharma
(for Arputham Aruna & Co.), Gopal Prasad, Jayesh Gaurav,
Vibha Datta Makhija, M.P. Singh, Sunil Fernandes, lnsha Mir,
Astha Sharma, Mandeep Vinayak, Anjali Sharma, Praveena
E
Gautam, Bhavanishankar V. Gadnis, Sunita B. Rao, B.D.
Sharma, N. Vyas, Deep Shikha Bharati, Ved P. Arya, S.C.
Verma, Krishna Sarma, Riku Sharma, Mohan Prasad Gupta,
Sunita Sharma, M. Khairati, Vikas Malhotra, V.G. Pragasam,
S.J. Aristotle, Prabu Ramasubramanian, Samir Ali Khan,
Ranjan Mukherjee, S.C. Ghosh, S. Bhowmick, R.P. Yadav, Anil
F
Shrivastav, Rituraj Biswas (for Gopal Singh), K. Enatoli Serna,
Amit Kr. Singh, Pragyan Pradip Sharma, Heshu Kayina, Sapam
Biswajit Meitei, Kh.Nobin Singh, Mukesh Verma (for Yash Pal
Dingra), B.S. Banthia, V.K. Verma, Nikhil Nayyar, R. Ayyam
Perumal, Pradeep Misra, P.V. Yogeswaran, Dharam Bir Raj
G
Vohra, Abhijit Sengupta, Kuldip Singh, V.N. Raghupathy, P.V.
H
Dinesh, Ashok E. Srivastava, C.D. Singh, Anuvrat Sharma,
Punit Dutt Tyagi, Tara Chandra Sharma, Kamini Jaiswal,
Sanjay R. Hegde, Mukesh K. Giri, Shibashish Misra, Arun K.
Sinha, Hemantika Wahi, T.V. Ratnam, Sumita Hazarika,
LAXMI NARAIN MODI v. UNION OF INDIA
643
Mohan Prasad Meharia, Aruneshwar Gupta, K.R. Sasiprabhu, A
Naresh K. Sharma, Ajay Pal, Manik Karanjawala, C.K.
Sucharita for the appearing parties.
The Order of the Court was delivered by
K.S. RADHAKRISHNAN, J. 1. We have passed a
B
detailed order on 9.7.2013 expressing the apprehension as to
whether the Committees constituted, following our earlier order
dated 23.8.2012, are effectively functioning and whether proper
steps are being taken for proper implementation of the
provisions of the various legislations which have been passed, C
with regard to the transportation of animals, maintaining of
slaughter houses, effluent and solid waste disposal etc.
2. Vide our order dated 9.7.2013, we had directed all the
State Governments/Union Territories to file their action taken D
reports within one month. Few of the States have filed the action
taken reports detailing the functioning of the Committees
constituted. We also directed the MoEF to finalize the
guidelines for the effective and proper functioning of the State
Committees for overseeing the functioning of the slaughter E
houses. In obedience to our direction, the MoEF, on 27.8.2013,
filed a compliance report enclosing the broad framework to be
followed by the State Committees for effective supervision of
the slaughter houses and also with regard to the transportation
of animals, loading and unloading, effluent disposal, solid waste
F
disposal and also with regard to the periodical inspection of
slaughter houses by the respective State Animal Welfare
Boards.
3. We reiterate the importance of proper implementation
of the provisions of the Prevention of Cruelty to Animals G
(Establishment and Registration of Societies for Prevention of
Cruelty to Animals) Rules, 2000, the Environment Protection
Act, 1986, the Solid Wastes (Management and Handling) Rules,
2000 and the Prevention of Cruelty to Animals (Slaughter
H
644
SUPREME COURT REPORTS
[2013] 9 S.C.R.
A
House) Rules, 2000. Over and above, it is also of extreme
importance that all the State Governments, the State Animal
Welfare Boards, Pollution Control Board etc. should
scrupulously follow the guidelines issued by the MoEF, in
obedience to the direction given by this Court on 10.10.2012.
B
The guidelines are extracted hereinbelow for easy reference:
c
D
E
F
G
H
"GUIDELINES FOR TRANSPORTATION OF ANIMALS
AND SLAUGHTER HOUSES
RESPONSIBILITIES OF ANIMAL HUSBANDRY
DEPARTMENT
Any livestock which are procured from the market
are to be certified by a Veterinary Surgeon for
issuing a fitness certificate in the form specified by
the Central Government for the purpose of
transportation.
The loading and unloading of the animals in the
market place and before transportation shall be
supervised by the concerned officials of the Animal
Husbandry Department to ensure that the animals
are not subjected to unnecessary pain or suffering.
In addition to the above health certificate a
certificate has to be issued as per the Rule 96 of
the Transport of Animals (Amendment) Rules, 2001
by the Officer of the Animal Husbandry Department
not below the rank of Assistant Director/Deputy
Director/Chief Veterinary Officer.
The Animal Husbandry authority shall ensure that all
animals are provided with shade, shelter, food and
water as necessary and they are tethered securely
in a way which does not cause unnecessary
discomfort to animals.
LAX.Ml NARAIN MODI v. UNION OF INDIA
645
[K.S. RADHAKRISHNAN, J.]
A
The Animal Husbandry Department shall ensure
that the sick, lame, injured and pregnant animals are
not transported for Slaughter.
They should also ensure that the animals are never
lifted or dragged by head, horns, ears, feet, tail or B
any other part of the Body which might cause
unnecessary suffering.
DOCUMENTATION BY DIFFERENT AUTHORITIES
It should be ensured that each consignment shall C
bear a label showing in bold red letters the name,
address and telephone number (if any) of the
consignor and consignee, the number and types of
cattle being transported and quantity of rations and
food provided.
D
The consignor shall be informed about the train or
vehicle in which the consignment of cattle is being
sent and its arrival time in advance.
E
The consignment of cattle shall be booked by the
next train or vehicle and shall not be detained after
the consignment is accepted for booking.
GUIDELINES TO BE FOLLOWED BY THE AUTHORITIES
FOR TRANSPORTATION OF DIFFERENT ANIMALS
F
(CATTLE. SHEEP AND GOAT. PIG) THROUGH RAIL OR
RAOD.
The average space provided per cattle in Railway
wagon or vehicle shall not be less than two square G
metres.
Suitable rope and platforms should be used for
loading cattle from vehicles.
H
646
A
B
c
D
E
F
G
H
SUPREME COURT REPORTS
[2013) 9 S.C.R.
In case of railway wagon the dropped door of the
wagon may be used as a ramp when loading or
unloading is done to the platform.
Cattle shall be loaded after they are properly fed
and given water.
Watering arrangements on route shall be made and
sufficient quantities of water shall be carried for
emergency.
Sufficient feed and fodder with adequate reserve
shall be carried to last during the journey.
Adequate ventilation shall be ensured.
Emergency I first-aid equipment is carried.
Vehicle should have suitable ramps and platforms
for loading and unloading.
There should be sufficient bedding on the floor of
the vehicle.
Vehicle breast bars should be properly placed.
Vehicles are maintained so as not to cause injury,
pain or suffering.
Vehicle is clearly identified as an animal carrier.
There is a permanent indication of the maximum
animal/vehicle load.
The latest amended space allowance for
transporting the cattle by rail or vehicle is given in
the Table I & II given below:
LAXMI NARAIN MODI v. UNION OF INDIA
647
[K.S. RADHAKRISHNAN, J.]
TABLE - II
Space requirement for Cattle while being transported in
commonly sized road vehicles
Number of Cattle
Vehicle
Floor
Cattle
Cattle
Cattle
Cattle
Size
Area of
weighing
weighing
weighing
weighing
Length x
Vehicle
upto200
200-300
300-400
above4r00
Width
in
Kg (1 Sq.
Kg (1.20
Kg (1.40
Kg (2.0 Sq
Square
Square
mtr. Space Sq. mtr
Sq. mtr.
mtr. Space
Meter
Meter
per cattle} space per
Space per per cattle}
(Sq. mtr.}
cattle}
cattle}
6.9 x 2.4
16.56
16
14
12
8
5.6 x 2.3
12.88
12
10
8
6
4.16x1.9 7.904
8
6
6
4
2.9 x 1.89 5.481
5
4
4
2
GUIDELINES FOR TRANSPORT OF SHEEP AND
GOATS BY RAIL OR ROAD INVOLVING JOURNEYS OF
A
B
c
D
E
MORE THAN SIX HOURS
F
Sheep and goats shall be transported separately;
but if lots are small special partition shall be
provided to separate them.
G
Rams and male young stock shall not be mixed with
female stock in the same compartment.
Sufficient food and fodder shall be carried to last
during the journey and watering facility shall be
provided at regular intervals.
H
648
A
B
c
D
E
F
G
SUPREME COURT REPORTS
[2013) 9 S.C.R.
Material for padding, such as straw, shall be placed
on the floor to avoid injury if an animal lies down,
and this shall be not less than 5 cm thick.
PRECAUTIONS TO BE TAKEN WHILE TRANSPORTING
SHEEP AND GOATS
The animals shall not be fettered unless there is a
risk of their jumping out and their legs shall not be
tied down.
Adequate ventilation shall be provided in every
wagon. Upper door of one side of wagon shall be
kept open and properly fixed and the upper door
of the wagon shall have wire gauge closely welded
mesh arrangements to prevent burning cinders from
the engines entering the wagon and leading to fire
breakout.
The space required for a goat shall be the same
as that for a woolled sheep and the approximate
space required for a sheep in a goods vehicle or
a railway wagon is prescribed in the Rules.
Goods vehicles of capacity of 5 or 4Yz tons, which
are generally used for transporting animals, shall
carry not more than forty sheep or goats.
In the case of large goods vehicles and wagons,
partitions shall be provided at every two or three
meters across the width to prevent the crowding
and trapping of sheep and goats.
In the case of ewes, goats or lambs or kids under
six weeks of age, separate panels shall be
provided.
Note: the latest space allowance required for transportation of
H
sheep and goats is given below:
LAX.Ml NARAIN MODI v. UNION OF INDIA
649
[K.S. RADHAKRISHNAN, J.]
Approximate weight of animals
Space required in
A
in Kilogram
Square Meter
Wooled Shorn
Not more than 20
0.17 0.16
B
More than 20 but not more than 25
0.19 0.18
More than 25 but not more than 30
0.23 0.22
More than 30 but not more than 40
0.27 0.25
c
More than 40
0.32 0.29
GUIDELINES FOR TRANSPORT OF PIGS BY RAIL OR
ROAD "PIGS" INCLUDES PIGLETS. HOGS. HOGLETS AND
ANIMALS OF PIGS FAMILY INVOLVING JOURNEY MORE
D
THAN SIX HOURS
MANDATORY REQUIREMENTS
A valid health certificate by a veterinary doctor to
the effect that the pigs are in a fit condition to travel
E
by rail or road and are not suffering from infectious
or contagious or parasitic disease shall
accompany each consignment in the transport of
pigs by rail or road.
In addition to the above health certificate a
certificate has to be issued as per the Rule 96 of
the Transport of Animals (Amendment) Rules, 2001
by the officer of the Animal Husbandry Department
F
not below the rank of Assistant Director/Deputy
G
Director; Chief Veterinary Officer.
In the absence of a certificate under sub-rule (1 ),
the carrier shall refuse to accept the consignment
for transport.
H
A
B
c
D
E
650
SUPREME COURT REPORTS
[2013] 9 S.C.R.
The certificate under sub rule (1) shall be in a form
specified in Schedule-K.
GUIDELINES FOR CONSIGNOR AND CONSINEE
Each consignment shall bear a label showing in
bold red letters the name, address and telephone
number (if any) of the consignor and consignee, the
number and type of pigs being transported and
quantity of rations and food provided to them.
The consignee shall be informed in advance about
the train or vehicle in which the consignment of pigs
is being sent and its arrival time.
The consignment of pigs shall be booked by the
next train or vehicle and shall not be detained after
the consignment is accepted for booking.
First-aid equipment shall accompany the pigs.
Suitable ramps shall be provided for loading and
unloading the pigs.
In the case of a railway wagon, when the loading
or unloading is done on the platform the dropped
door of the wagon shall be used as a ramp.
F
NECESSARY PRECAUTIONS TO BE FOLLOWED
G
H
While transporting group of pigs by rail or road,
male young stock shall not be mixed with female
stock in the same compartment.
While transporting pigs by rail or road, sufficient
food and fodder shall be carried to last during the
journey and watering facility shall be provided at
regular intervals.
While transporting pigs by rail or road, materials for
LAXMI NARAIN MODI v. UNION OF INDIA
651
[K.S. RADHAKRISHNAN, J.]
padding, such as straw, shall be placed on the floor
A
to avoid injury if an animal lies down, and this shall
be not less than 5 cm thick.
While transporting pigs by rail or road, the animals
shall not be fettered unless there is a risk of their
B
jumping out and their legs shall not be tied down.
SPACE REQUIREMENT DURING RAIL TRAVEL - IN
TRANSPORT OF PIGS BY RAIL
No railway wagon shall accommodate more than c
the number of pigs as specified in the Table below:
Broad gauge
Meter gauge
Narrow gauge
(1)
(2)
(3)
Area of
Area of Area of
Area of
D
wagon
wagon
wagon
Wagon
Less than
21.1
Less than
12.5
21.1 Square Square 12.5 Square Square
Metre
Metre
Metre
Metre
E
and
and
above
above
Number of
Number Number of Number Not allowed
Pigs 35
of
Pigs 25
of Pigs
Pigs 50
30
F
Adequate ventilation shall be provided in every
wagon and the upper door of one side of wagon
shall be kept open and properly fixed and the upper
door of the wagon shall have wire gauge closely
G
welded mesh arrangements to prevent burning
cinders from the engines entering the wagon and
leading to fire breakout.
SPACE REQUIREMENT DURING ROAD TRAVEL - IN
H
652
SUPREME COURT REPORTS
[2013] 9 S.C.R.
A TRANSPORAT OF PIGS BY ROAD
B
c
D
E
F
G
Goods vehicles of capacity of 5 or 4.5 tons, which
are generally used for transportation of animals,
shall carry not more than twenty pigs.
In the case of large goods vehicles and containers,
partition shall be provided at every two or three
metres across the width to prevent the crowding
and trapping of pigs.
In the case of pigs under six weeks of age,
separate panels shall be provided.
Note: The latest update on number of pigs which can be
transported through rail is given below:
"Broad Gauge (1)
Area of Wagon
VPU having Floor Area 63.55 Square Meter
Number of Pigs 104 (0.61 Square Meter per Pig)"
(2) The latest update on number of pigs which can be
transported through vehicle is given below:
Maximum number of Pigs permitted
for Road Vehicles
S. No. Type of Vehicle
Vehicle
Vehicle
Vehicle
Animal
having
having
having
having
size 5.6m size 5.15
size 3.03m size 2.9m x 2.0
x 2.35m
m x2.18 m
x 2.18 m
m
1.
Weaner 43
37
22
19
2.
Young
31
26
15
13
3.
Adult
21
18
10
9
Note:- For the purpose of Pigs of all breeds, ages and sex, the
H following Space allowances shall apply:
LAXMI NARAIN MODI v. UNION OF INDIA
653
[K.S. RADHAKRISHNAN, J.]
Weaner - Piglet which has just been separate from
A
the mother for the purpose of independent rearing
and commonly in the weight range of 12 kg - 15 kg.
Young - Male or female pig between 0.3 to 0.6
months of age and commonly in the weight range
B
of 15 Kg - 50 Kg.
Adult - A male or female pig above 06 months of
age and having weigh more than 50 Kg.
SPECIFICATIN TO BE FOLLOWED FOR UNLOADING AND
C
TILL THE ANIMALS ARE SUBJECT TO SLAUGHTER
The reception area of slaughter house shall have
proper ramps for direct unloading of animals from
vehicles or railway wagons and the said reception
D
area shall have adequate facility sufficient for
feeding and watering of animals.
The unloading of animals should be supervised by
the animal husbandry authorities.
Separate isolation pens shall be provided in
slaughter house with watering and feeding
arrangements for animals suspected to be suffering
from contagious and infectious diseases, and
fractious animals, in order to segregate them from
the
Ante-mortem and pen area on slaughter house shall
be paved remaining animals.
Adequate holding area shall be provided in
slaughter house according to the class of animals
to be slaughtered and the said holding area shall
have water and feeding facilities.
E
F
G
H
654
A
B
c
D
E
F
G
H
SUPREME COURT REPORTS
[2013] 9 S.C.R.
The resting grounds in slaughter house shall have
overhead protective shelterswith impervious
material such as concrete non-slippery herring-bone
type suitable to stand wear and tear by hooves, or
brick, and pitched to suitable drainage facilities and
the curbs of said impervious material 150 to 300
mm high shall be provided around the borders of
livestock pen area, except at the entrances and
such pen shall preferably be covered.
Every animal after it has been subjected to
veterinary inspection shall be passed on to a
lairage for resting for 24 hours before slaughter.
The lairage of the slaughter house shall be adequate
in size sufficient for the number of animals to be
laired.
The space provided in the pens of such lairage shall
be not less than 2.8 sq. mt. per large animal and
1.6 sq. mt. per small animal.
The animals shall be kept in such lairage separately
depending upon their type and class and such
lairage shall be so constructed as to protect the
animals from heat, cold and rain.
The lairage shall have adequate facilities for
watering and post-mortem inspection.
Feeding and watering arrangements in the Animal
Holding area should be made available.
Whether ante and post mortem examination by a
qualified Veterinarian is being carried out.
Animals not to be slaughtered except in recognized
or licensed houses.
LAXMI NARAIN MODI v. UNION OF INDIA
655
[K.S. RADHAKRISHNAN, J.]
No person shall slaughter any animal within a
municipal area except in a slaughter house
recognized or licensed by the concerned authority
empowered under the law for the time being in
force to do so.
No animal which is pregnant, or has an offspring
less than three months old, or is under the age of
three months or has not been certified by a
veterinary doctor that it is in a fit condition to be
slaughtered, shall be slaughtered.
The slaughter house shall have a reception area of
adequate size sufficient for livestock subject to
veterinary inspection.
A
B
c
The veterinary doctor shall examine thoroughly not
D
more than 12 animals in an hour and not more than
96 animals in a day.
METHOD OF SLAUGHTER OF ANIMAL AND PROCEDURE
No animal shall be slaughtered in a slaughter house
in sight of other animals.
No animal shall be administered any chemical, drug
or hormone before slaughter except drug for its
treatment for any specific disease or ailment.
The slaughter halls in a slaughter house shall
provide separate sections of adequate dimensions
sufficient for slaughter of individual animals to
ensure that the animals to be slaughtered is not
within the slight of other animals.
Knocking section in slaughter house may be so
planned as to suit the animal and particularly the
ritual slaughter, if any and such knocking section
and dry landing area associated with it shall be so
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F
G
H
A
656
SUPREME COURT REPORTS
[2013] 9 S.C.R.
built that escape from this section can be easily
carried out by an operator without allowing the
animal to pass the escape barrier.
BROAD
FRAMEWORK
UNDER
ENVIRONMENT
B (PROTECTION) ACT 1986 AND RULES FRAMED
THEREUNDER:
Effluent Disposal:
The affluent disposal standards notified under the
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Environment (Protection) Rules, 1986 are:
Category
Parameters
Concentration
in not to exceed,
mg/1
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A. Slaughter
House
Above 70 TLWK/ BOD (3 days at 27°C)
100
day
Suspended Solids
100
E
Oil and Grease
10
70 TLWK/day
BOD (3 days at 27°C)
500
and below
B. Meat
F
Processing
BOD (3 days at 27°C)
30
Suspended Solid
50
Oil and Grease
10
G
Note: (i) TLWK - Tonnes of Live Weight Killed: (ii) In case
of disposal into municipal sewer where sewage is treated,
the industries shall install screen and oil & grease
separation units: (iii) The industries having slaughter house
along with meat processing units will be considered in
H
LAXMI NARAIN MODI v. UNION OF INDIA
657
[K.S. RADHAKRISHNAN, J.]
meat processing category as far as standards are
A
concerned.
The Pollution Control Board may specify more stringent
standards from the above depending upon the quality
requirement of recipient system.
Solid waste disposal:
B
As per the Municipal Solid Waste (Management and
Handling) Rules, 2000, the wastes from slaughter house,
meat and fish markets, fruits and vegetables markets,
which are biodegradable in nature, shall be managed to
make use of such wastes.
C
INSPECTION OF SLAUGHTER HOUSE: (1) The
Animals Welfare Board of India or a State Animals Welfare
Board or any person who is qualified veterinarian is
authorized by Animal Welfare Board of India may at least
once in every six months period, inspect any slaughter
D
house without notice to its owner or the person in-charge
of it at any time during the working hours to ensure that
the provisions of these rules are being complied with.
(2) The person or the Animal Welfare Organization
authorized under sub-rule (1) shall after inspection send its
report to Animal Welfare Board of India as well as to the
municipal or local authority for appropriate action including
initiation of legal proceedings, if any, in the event of
violation of any provisions of these rules."
E
4. We direct all the State Governments/UTs and the
Committees constituted to effectively follow the abovementioned guidelines. For giving further directions, initially we
F
are inclined to direct the States of Tamil Nadu, Karnataka,
Kerala, Delhi, Maharashtra and Uttar Pradesh to implement the
provisions of the Act mentioned earlier as well as the guidelines
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issued by the MoEF, and file an action taken report within three
months. Post after months along with the Action Taken Reports.
Communicate the order to the Chief Secretaries of the abovementioned States.
R.P.
Matter adjourned.
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