Allahabad HC: UP Govt to Set Up, Run Modernised Slaughterhouses

The court said all the citizens have the right to adequate means of livelihood and choice of food.

The Quint
India
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 Empty meat hooks at a shed in a slaughterhouse. (Photo: Reuters)
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Empty meat hooks at a shed in a slaughterhouse. (Photo: Reuters)
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Recognising right to livelihood and choice of food, the Lucknow bench of the Allahabad High Court said it is an obligation of the Uttar Pradesh government to establish and run modernised slaughterhouses in the state and directed authorities to issue new licenses as per rules.

All the citizens have the right to an adequate means of livelihood to subserve common good, which in this instant case would also include the choice of food of its citizens and all other such obligations that can be gathered from the constitutional provisions
Allahabad High Court

The court passed an interim order on Friday that said considering licences for meat shops and slaughterhouses can be granted under the Food Safety Act 2006, applicants should apply accordingly. The court called upon local authorities to approach the state government whenever needed for proper guidance in case there is difficulty.

The court also directed a High Powered Committee to read through the verdict and formulate policy for slaughtering and licensing.

A bench of justices AP Sahi and Sanjai Harkauli passed the directives after a bunch of petitioners had challenged the state government’s 22 March order to shut down unregistered or unlicensed slaughterhouses and meat shops. They wanted their meat shop licences – which had expired on 31 March – to be renewed.

Recalling their constitutional rights, the petitioners said the state’s decision had led to closure of meat business which was wrong. Adding that indirectly this move puts unreasonable restrictions on choice of food, which could not be permitted.

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Citing an apex court guideline, it was also pointed out that Central and state governments had released funds for establishment of modern abattoirs, but the present government was lagging behind.

'Not States’ Obligation to Establish Slaughterhouses'

Opposing the pleas, Advocate General Raghvendra Singh and state’s Special Counsel LP Mishra argued that it wasn’t the obligation of the state government to establish slaughterhouses.

It was argued that the Food Safety Act 2006 had overruled other provisions under which licences for slaughtering and renewal of meat shops were granted. Adding that if aspirants applied as per norms, it will be issued after scrutiny.

Court Cites Past Orders to Estabilish State Responsibility

Considering provisions of different local acts and government orders issued during the last government tenure, the bench reiterated the states responsibility.

The bench cited past government orders as evidence to show the state had earlier issued funds for the purpose.

Disbursement of funds under the said head (for slaughterhouses) has been categorically described in relation to several projects with substantial funding by the Centre. It is thus clear that not only the Centre, but the state government too in the past has undertaken steps in order to ensure running of modernised slaughterhouses – either by improving upon existing ones or setting up new.
Allahabad High Court

The bench directed the High Powered Committee to formulate policy and decided on the next date of hearing to be 17 July.

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