The Karnataka High Court on Monday permitted the State Government to implement Section 5 of the Karnataka Prevention of Slaughter and Preservation of Cattle (KPSPC) Act 2020, which imposes restriction on transportation of cattle.
However, the court made it clear that the implementation of the provisions of the KPSPC Act, legality of which has been challenged in a batch of petitions, would be subject to final order to be passed by the court in these petitions.
A Division Bench comprising chief Justice Ritu Raj Awasthi and Justice S.R. Krishna Kumar granted the permission by modifying the January 20, 2021, interim order, in which the Government had undertook before the court not to take coercive steps under Section 5 till framing of the rules on restrictions to transport cattle.
The Government had also assured the court that it would seek prior approval from the court to implement Section 5 even after framing the rules.
On Monday, the Government informed the court that it had in May 2021 notified the KPSPC (Transportation of Cattle) Rules, 2021, while seeking the court’s permission to implement Section 5 of the KPSPC Act, which stated that no person shall transport or offer for transport or cause to be transported by whatever means any cattle from any place within the State to any other place within the State for slaughter except in the manner prescribed by the Government for bona fide agricultural or animal husbandry purpose.
The Government had given undertaking to clear the apprehension, expressed by the court based on the claims made by the petitioners, about the likely prosecution of farmers under Section 5, in the absence of the rules for transporting of cattle even for the bona fide purpose.
After going through the application filed by the Government seeking court’s permission, the Bench granted permission to implement Section 5 and the provisions of the KPSPC (Transportation Of Cattle) Rules, 2021.
Among several other grounds, it was also contended in the petitions that the new law violated the constitutional provision of right to livelihood under Article 21 of the Constitution by imposing economic burden on farmers, cattle traders, and butchers.
