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Supreme Court of India

LAXMI NARAIN MODIversusUNION OF INDIA AND OTHERS

Citation
2013 INSC 575
Decided
27 August 2013
Disposal
Hearing Adjourned

Holding

The Court held that the states must scrupulously follow the MoEF‑issued guidelines and file timely action‑taken reports, and that the committees must be effectively functioning to ensure compliance with the Prevention of Cruelty to Animals Rules, the Environment Protection Act, 1986 and the Solid Wastes (Management and Handling) Rules, 2000.

Summary

The Supreme Court, hearing Laxmi Narain Modi v. Union of India (Writ Petition (C) No. 309 of 2003), examined whether State Committees constituted under the Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 were functioning effectively and whether the states had complied with earlier court directions on animal welfare and environmental regulations. The Court noted that only a few states had filed action‑taken reports and directed the Ministry of Environment and Forests (MoEF) to finalize comprehensive guidelines for the supervision of slaughter houses, transportation of animals, effluent and solid‑waste disposal, and periodic inspections. The Court reiterated the necessity for strict adherence to the Prevention of Cruelty to Animals Rules, the Environment Protection Act, 1986, and the Solid Wastes (Management and Handling) Rules, 2000. Detailed guidelines covering certification, loading, space requirements, feeding, watering, ventilation, and humane handling for cattle, sheep, goats, and pigs were set out. The Court ordered the states of Tamil Nadu, Karnataka, Kerala, Delhi, Maharashtra and Uttar Pradesh to implement these provisions and file action‑taken reports within three months, emphasizing continuous monitoring by State Animal Welfare Boards and Pollution Control Boards.

Issues considered

  • Whether the State Committees constituted under the Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 are functioning effectively.
  • Whether the states have complied with the Supreme Court's earlier directions under Article 32 regarding implementation of animal‑welfare and environmental statutes.
  • What specific guidelines must be followed for the transportation of various livestock and the operation of slaughter houses.
  • Whether the states are required to file action‑taken reports within a stipulated time frame.

Legislation cited

Subjects

Animal welfareSlaughter house regulationsTransport of livestockEnvironmental compliancePrevention of Cruelty to AnimalsSupreme Court directionsAction taken reportState committeesEnvironment Protection ActSolid Waste Management

Judgment

                    [2013] 9 S.C.R. 641


                   LAXMI NARAIN MODI                             A
                              v.
             UNION OF INDIA AND OTHERS
            (Writ Petition (C) No. 309 of 2003)
                     AUGUST 27, 2013
                                                                 B
              [K.S. RADHAKRISHNAN AND
             PINAKI CHANDRA GHOSE, JJ.]

    PREVENTION OF CRUELTY                   TO    ANIMALS
(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.
    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,
H
      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:

          "GUIDELINES FOR TRANSPORTATION OF ANIMALS
          AND SLAUGHTER HOUSES

          RESPONSIBILITIES OF ANIMAL HUSBANDRY
c         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
D              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
E              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
F              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
G
               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.

H
 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   SUPREME COURT REPORTS                 [2013) 9 S.C.R.


A
           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.

B          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.
c
           Sufficient feed and fodder with adequate reserve
           shall be carried to last during the journey.

           Adequate ventilation shall be ensured.
D          Emergency I first-aid equipment is carried.

           Vehicle should have suitable ramps and platforms
           for loading and unloading.

E          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,
F          pain or suffering.

           Vehicle is clearly identified as an animal carrier.

           There is a permanent indication of the maximum
           animal/vehicle load.
G
           The latest amended space allowance for
           transporting the cattle by rail or vehicle is given in
           the Table I & II given below:

H
      LAXMI NARAIN MODI v. UNION OF INDIA                        647
            [K.S. RADHAKRISHNAN, J.]
                                                                         A




                               TABLE - II
                                                                         B
   Space requirement for Cattle while being transported in
commonly sized road vehicles

                                  Number of Cattle
Vehicle     Floor        Cattle      Cattle      Cattle    Cattle
                                                                         c
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}
                                                                         D
            (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             E

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
    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     SUPREME COURT REPORTS                 [2013) 9 S.C.R.


A              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
B
               The animals shall not be fettered unless there is a
               risk of their jumping out and their legs shall not be
               tied down.

c              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
D              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
E              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.
F
               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.

G              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.
                                                                     F
         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             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
    650   SUPREME COURT REPORTS                 [2013] 9 S.C.R.


A           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
B           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.

c           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
D           the consignment is accepted for booking.

            First-aid equipment shall accompany the pigs.

            Suitable ramps shall be provided for loading and
E           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

            While transporting group of pigs by rail or road,
            male young stock shall not be mixed with female
            stock in the same compartment.
G           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.

H           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

                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.
B
                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.
c               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:
D
          "Broad Gauge (1)
          Area of Wagon
          VPU having Floor Area 63.55 Square Meter
          Number of Pigs 104 (0.61 Square Meter per Pig)"
E
         (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
F
     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

G    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.
                                                             E
        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   F
        the



        Ante-mortem and pen area on slaughter house shall
        be paved remaining animals.                          G
        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.
                                                             H
    654   SUPREME COURT REPORTS                [2013] 9 S.C.R.


A          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
B          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
c           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
D           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.
E           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.

F           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.
G           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.
H
    LAXMI NARAIN MODI v. UNION OF INDIA                  655
          [K.S. RADHAKRISHNAN, J.]
        No person shall slaughter any animal within a           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.
                                                                B
        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.
                                                                c
        The slaughter house shall have a reception area of
        adequate size sufficient for livestock subject to
        veterinary inspection.

        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     E
        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.
                                                                F
        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.                     G

        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     H
    656      SUPREME COURT REPORTS                   [2013] 9 S.C.R.


A                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
C         Environment (Protection) Rules, 1986 are:

    Category             Parameters              Concentration
                                                 in not to exceed,
                                                 mg/1
D   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   E
     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."
     4. We direct all the State Governments/UTs and the              F
Committees constituted to effectively follow the above-
mentioned guidelines. For giving further directions, initially we
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    G
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 above-
mentioned States.
R.P.                                          Matter adjourned.      H


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