K.S.RADHAKRISHNAN, J. - (1.) WE have passed a 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, 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 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 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 disposal and also with regard to the periodical inspection of slaughter houses by the respective State Animal Welfare Boards. We reiterate the importance of proper implementation of the provisions of the Prevention of Cruelty to Animals (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 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. The guidelines are extracted hereinbelow for easy reference: "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. 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 any other part of the Body which might cause unnecessary suffering. DOCUMENTATION BY DIFFERENT AUTHORITIES It should be ensured that 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 types of cattle being transported and quantity of rations and food provided. 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. 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 (CATTLE, SHEEP AND GOAT, PIG) THROUGH RAIL OR ROAD. The average space provided per cattle in Railway wagon or vehicle shall not be less than two square metres Suitable rope and platforms should be used for loading cattle from vehicles. 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 / 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 and II given below: JUDGEMENT_348_JT12_2013.jpg GUIDELINES FOR TRANSPORT OF SHEEP AND GOATS BY RAIL OR ROAD INVOLVING JOURNEYS OF MORE THAN SIX HOURS Sheep and goats shall be transported separately; but if lots are small special partition shall be provided to separate them. 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. 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 4% 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 sheep and goats is given below: JUDGEMENT_348_JT12_20131.jpg GUIDELINES FOR TRANSPORT OF PIGS BY RAIL OR ROAD "PIGS" INCLUDES PIGLETS, HOGS, HOGLETS AND ANIMALS OF PIGS FAMILY INVOLVING JOURNEY MORE 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 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 not below the rank of Assistant Director/Deputy Director; Chief Veterinary Officer. In the absence of a certificate under sub rule (1), the carrier shall refuse to accept the consignment for transport. The certificate under sub rule (1) shall be in a form specified in Schedule K. GUIDELINES FOR CONSIGNOR AND CONSIGNEE 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. NECESSARY PRECAUTIONS TO BE FOLLOWED 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 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. While transporting pigs by rail or road, the animals shall not be fettered unless there is a risk of their 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 the number of pigs as specified in the Table below: JUDGEMENT_348_JT12_20132.jpg
(3.) 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 welded mesh arrangements to prevent burning cinders from the engines entering the wagon and leading to fire breakout. SPACE REQUIREMENT DURING ROAD TRAVEL IN TRANSPORT OF PIGS BY ROAD 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.;