The Central government on Friday sought more time from the Delhi High Court to evaluate and enact the rules under the Prevention of Cruelty to mals Act, 1960 to define, regulate and improve the procedure for euthanasia.
A division bench of Chief Justice DN Patel and Justice Prateek listed the matter for further hearing February 11.
The Centre, in an affidavit filed through Standing Counsel Rajesh Gogna, sought the High Court to allow 12 weeks of time to the department to properly valuate and enact the Rules under Prevention of Cruelty to mals Act, 1960 to define, regulate and improve the procedure for euthanasia.
The affidavit was filed on a plea filed by PETA India, seeking immediate prohibition on the practice of inhumane mal husbandry procedures and cruel methods adopted for euthanasia of mals and also to enact the rules under the Prevention of Cruelty to mals Act, 1960 to define, regulate and improve the "prescribed manner" for the mal husbandry procedures.
The Centre, in its affidavit filed on December 2, told the court that the Department of mal Husbandry and Dairy (DAHD) has been thoroughly going through the issues for a long time and it has been decided that in view of the foregoing the DAHD is preparing a draft rule to regularise the mal husbandry processor to avoid any more lacunas and exploitation of mals in the name of mal husbandry processors.
"Moreover, to reduce the unnecessary pain and suffering of millions of mals. The Rule will be issued after approval of the competent authority for public comments," the government submitted adding that it will take at least 12 weeks' time for the applicant department to properly evaluate and enact the rules under Prevention of Cruelty to mals Act, 1960 to define, regulate and improve the procedure for euthanasia.
The mal Welfare Board of India (AWBI) had on August 27, 2019, issued letter to the DAHD to regulate, improve and define more humane ways of doing mal husbandry processing to avoid unnecessary pain and suffering to the mals.
It was also submitted that as per notification dated April 5, 2019, under Government of India (Allocation of Business) Rules 1961 Prevention of Cruelty to mals and the preventions of Cruelty to mals Act 1960 (59 of 1960) was allocated to DAHD.
It further submitted that as per Cabinet Secretariat notification dated June 17, 2019, under the Govemment of India (Allocation of Business) Rules 1961 the DAHD, which was under Ministry of Agriculture and Farmers Welfare has now been further allocated to newly formed Ministry of Fisheries, mal husbandry and Dairying with immediate effect.
"Therefore, in a very short period of time the work has been allocated from Ministry of Environment, Forest and Climate Change to Department of mal Husbandry and Dairying (Ministry of Agriculture and Farmers Welfare) and further to Ministry of Fisheries, mal husbandry and Dairying due to which various works are still in transit state," the affidavit said.
( With inputs from ANI )
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