In this article, Anu Bhatnagar discusses the new Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017.

Introduction

Human’s ability to look after the animals have made an impression in the eyes of society that they can step forward towards civilization rather than just on hunting.

Humans devoted a good deal of energy to maximizing the worth of their new property. Management over breeding was significantly vital. Bound animals were mated with one another to provide offspring that were even additional valuable, whereas animals with undesirable properties were eliminated from the factor pool.

In result of this all animals were viewed as property, thereby all important decisions were started taking which had an economic and logistic basis. All other benefits like available meet and some other product under this activity were taken into consideration.

Meaning of ‘market’ under the new Regulations of livestock market Rules 2017

Market in an ordinary language can be understood as where supplier finds their potential customers with the aim of earning profit.

As a type of market, livestock markets are also those markets that provide a platform to the suppliers to sell their cattle to the buyers. Major areas in livestock sectors include dairy, fisheries and animal husbandry. This sector plays a prominent role in the development of socio and economic activities. Not only in particular sectors but also in the rural economy by an addition of useful employment and raising family incomes in the rural areas.

Despite being considered in small rural economy, Indian livestock industries have makeup for an important amount of livestock resources at the international platform.

Livestock in India: An Importance

• Livestock in India goes on the far side to operate the food production.
• Livestock Associate is providing important supply of manure for crop production and fuel for domestic use.
• It’s a supply of minimizing use of non renewable energy.
• Livestock, a very important supply of financial gain for the farmers and poor people in rural.

Benefits of livestock sector developments in India

• It provides subsidiary occupation to individuals living in drought prone, hilly, social group remote areas wherever crop production isn’t comfortable.
• It is proved to be boon for sustaining support of the landless and marginal farmers.
• Husbandry sector provides massive self employment opportunities

Livestock Welfare Laws

In England and the US there were number of laws which were enacted in the 1800s. Its aim and objective of the said act was to protect animals from mistreatment, cruelty and abuse.

The first federal law called 24 hour law of 1873 was dealing with livestock protection and welfare. Its essential were that at least once every 24 hours of the travel, all the livestock which were being transported across the state lines must be rested and watered. The transportation medium at that duration was used to be done by rail around 2003.

Later on federal Animal Welfare Act was enacted in 1966 regarding the protection and welfare, but excluded livestock during the regulations enforceability.

Subsequently, another major legislation called Humane Methods of Slaughter Act of 1958 came into effect. The objective of this legislation was that there is a requirement of mandatory inspection at the slaughterhouse. Whatever techniques that associated or related with rituals or religion was excluded, in addition they excluded chickens as well.

All the enforcement regarding the said act for the protection as well as welfare of livestock was turned over to the U.S Department of Agriculture (USDA).

New Regulations regarding the livestock in India

Under the Prevention of Cruelty to Animals Act, a ban has been imposed on the sale and purchase of livestock from the market of animals by an inclusion and notifying of strict rules. By an incorporation of stringent rules, on 23rd may the government have notified the trade and transport of cattle to provide better protection and welfare of cattle. In addition to this, also stop smuggling activities.

There is a prohibition on the sale of cattle for the purpose of slaughter at the nationwide. Furthermore, they have included the Buffaloes in the definition enshrined under the rules that will likely affect the market of export (sale and purchase of meat) association.

The Ministry of Environment, Forest and Climate Change has brought these new norms which have been notified under Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 on 23 May 2017.

Important points to remember under Regulation of Livestock Markets Rules

• The new rules which have been notified by the central government on 23rd may ensures the welfare and protection of the cattle.
• It contains 27 rules as per the notification and thereafter, the declaration in the official gazette they will come into force.
• There are some important definitions which are given in discussed below

1. Camels. Bullocks, cows, bulls, buffaloes, steers, calves and heifers are covered under the definition of Cattle as per notification. [Rule 2(e)]
2. Animal market in an ordinary language can be understood as a place, sale-yard or any other platform at which the owner of the cattle bring animals from different places and keep them for sale. Moreover they arrange animas fairs and a pool of cattle for display, where visitors may come and purchase animals after completing the required conditions. [Rule 2(b)]
3. better regulations and welfare that will be named as Animal market committee [Rule 2 (c)]
4. Those activities which include hardships for an animal during the activity of trading shall be included under the prohibited practices. [Rule 2 (i)]

For the regulation and upkeep into the market there shall be a formation of an Animal Market Monitoring Committee, under the guidance of state Board. Subsequently, the member who will be part of the committee are named as below: [Rule 4]

1. Dist. Magistrate or District. Collector –Chairmen
2. Chief Veterinary Officer – Member Secretary
3. Jurisdictional Divisional Forest Officer
4. Jurisdictional Superintendent of Police
5. A representative of the SPCA (Society for Prevention of Cruelty to animals)

• Another stringent provision in these rules that whosoever who has been penalized under the said Act shall not be allowed to become a member for the above stated committees.
• For the smooth performance of trade cattle activity and for the recognition of those animals markets which had been incorporated before the commencement of these Rules, now have an open gateway for registration within the three months and get an approval by move an application to the Committee within the stipulated time. [Rule 5]
• For the formation of new Animal market the Rules of the act provides and laid powers in the hand of local authority in compliance with the District Animal Market Monitoring Committee [Rule 6]

1. Perform due diligence when giving permission reading the establishment.
2. Specify the jurisdiction
3. Recognize the appropriate location or place for the animal market
4. For the establishment of an animal market, there is an requirement of blueprint beforehand.

• The rejection or selection of the new Animal Market blueprint shall be based on the discretion of the Monitoring Committee. In addition all registration shall be made to the committee. [Rule 6 (2)(3)].
• All the major functions and management shall be dealt by the District Animal Market Monitoring committee.
• There are some extra remedies that must be taken into consideration such as about the place where new Animal market has originated. Rules state that new animal market should not be situated within the 25km from the state border and from international border it shouldn’t be within 50 km. [Rule 8]
• The monitoring committees have given an ample power under the notified rules that they can by their own action may cancel or remove the any trade cattle market, if they found any malpractices during that time period. This whole process shall be subject to the Natural justice.  [Rule 9]
• After the establishment of new animal market there shall be proper inspection of premises as well as scrutiny of all accounts and records which will be done by the Recognized authorities under the Rules. [Rule 11,12]
• For the benefit of the farmer, and also for agriculture purpose only healthy animals will be brought in the animal market. Because it was contended under the regulation of livestock market that the most of the time diseased as well as unfit animals are brought to the animal market, which are resulted in the threat of infectious disease among the healthier once.

Rule 14 of Regulations of livestock laid down various harmful and cruel activities  or practices which are prohibited are as follows

1. There is prohibition of animal identification have legal and logical point. Say, for example processes like hot branding which is used during the activity may burn the skin or may cause everlasting hair damage.
2. Horn-shearing and painting (such as chemical substances like lead) may resulted in cancer, whereas putting ornaments or other object may result into discomfort and distress to animals.
3. All sorts of usage like color or chemicals must be prohibited.
4. No equipments like nose ropes and nose pegs should be used. In addition, no other sufferings or inevitable pain must be given because of exposure.
5. No animal must be kept away from food which may result into starvation.
6. Though it is contended that the marks like nose-cutting or ear-slitting are an easy way to found their lost animals, but rules have prohibited the same.

• A duty shows the accountability for particular cause one example could be like an owner towards their cattle such activities will include: watering and feeding of animals. For the proper regulation of the stated duty the responsibility will be fall upon the monitoring committee to provide proper arrangements regarding feeding and watering of animals.   
• Major Duties shall be performed by the Member Committee termed as *Restrictions on sale of cattle to ensure that no young animal will be brought to the animal market.
• All the necessary documents and other identification proofs must be provided to the Monitoring committee and assure them that no cattle shall be subject to slaughter.
• Both seller and purchaser have to give an assurance (undertaking), which will state that ‘sold cattle are not subject for slaughter”.
• Accommodation for fit and unfit animals shall be an additional duty of the member secretary. In addition if they found that unfit animals are in the market then they the Monitoring Committee shall render reasonable services for the same
• There shall be construction of ramps and will be governed by the Animal Market committee.

Controversies Regarding the New Rules under the Regulations of livestock rules 2017 – At glance

Various opinions have been stated that particular new Rules an unsuitable or an appropriate law. It seems like the New Rules have banned the sale of cattle with the aim of imposing ban on slaughter activity. It has been contended that this move has deceptive intention and also includes camouflaging provisions with an intention to deceive the general people.

A Quick scan of the leading controversies

• Rules intended to regulate and upkeep the market moreover to prevent cruelty and on the other hand imposing restrictions are not logically acceptable.
• It is argued that the imposition of new Rules or a ban activity is opposing the parent act. for the stated contention it can be understood as, when the parent act comprehensively allows or permit an activity of slaughter of animals for their food (livelihood) then what is the point of implementing new Rules which states the ban on the trade of cattle for slaughter.
• The definition of “animal market” given in Rule 2(b) is in question of conflicts because it is very difficult for traders to acquire animal from animal market.
• Rule 22 (e)(iv) which has enumerated under Regulations of livestock rule 2017 which prohibits the owner of the cattle to sell outside the state without any prior permission, but it is not in consonance with the Article 301 of the Indian Constitution of India which  states that transaction related with trade and commerce shall be free throughout the territory.
• By an enactment and notification of these new Rules, hue and cry has been done at large level. As it infringes the Article 19 (1)(g) of the Indian Constitution- the right to trade and practice. In addition Article 21 for Right to livelihood, Right to one’s food choices, right to privacy.

Issues and challenges in the livestock market

Since, according to the global report on meat exports, India is presently the world’s leader in meat exports of buffalos. With the pace of time it has increased with the rate 29% between 2007-08 and 2015-16, from Rs3,533 crore to Rs 26,685 crore (13,14,158.05 Metric Tons).

The major issue regarding the cattle trade is that, the new rules have made it difficult for the farmers those are likely to dispose their spent cattle to traders and then generally buy buffaloes from the owner (farmer) and then deliver them to the slaughter houses.

Another major concern is that these new rules have lengthy process with an inclusion of paperwork, undertakings, registration etc. for traders as well as farmers, with an objective to ensure that the cattle must not reach to the slaughter house.

Advantages of Regulation of Livestock Markets Rules

To eradicate some illegal activities such as smuggling and slaughter, the rules will ensure the traceability and safety of cattle.

New rule has given as assumption that this move may give benefit to the dairy industries.

The farmers due to the fall in the economic value of those cattle those are unable to give milk, especially those animals like buffaloes which are subjected to be slaughter for meat will recover this gap or to fill lost incomes there will be an inclusion of high rated milk prices. There is a rigorous process which prohibits farmers to deliver or transport the cattle.

Final thoughts

The Rules damage several by infringing their rights and profit none, except a few animals, upon whom no express basic rights square measure bestowed by the Constitution. This ostensibly man-vs-animal plot in impact sets men against men and has the potential to vitiate the harmonious atmosphere of our society

The prime focus of the regulation is to shield the animals from cruelty and to not regulate the present change oxen for slaughter homes. It’s envisaged that welfare of oxen dealt within the market are ensured which solely healthy animals are listed for agriculture functions for the advantages of the farmers.