The Supreme Court of India requested Monday that the government repeal a 2017 law that allows cattle to be confiscated from farmers because they are suspected of cruelty towards animals.
Supposedly acting in accordance with the 2017 Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, which were a modification of the original 1960 legislation, authorities were allowed to seize the cattle on the mere suspicion that they were suffering cruel treatment at the hands of a farmer. After they had been seized, the cattle would then be sent to an infirmary, known as a “gaushala,” where they awaited adoption. Consequently, many cattle farms were arbitrarily losing their livelihoods.
While Additional Solicitor-General Jayant K Sud maintained that there was evidence of cruelty on record to justify confiscation, the Buffalo Traders Welfare Association (BTWA), represented by Sanobar Ali Qureshi, held that the legislation was used as a tool to loot cattle traders, going beyond the original purpose of the act.
Chief Justice Sharad A Bobde echoed the sentiments of the BTWA, stressing that the cattle are a source of livelihood, and that the arbitrary seizure is “plainly contrary to Section 29 of Prevention of Cruelty to Animals Act,” which establishes that only a person convicted of cruelty can have their livestock confiscated. Addressing Sud, Chief Justice Bobde outlined two options: 1) the government can repeal the 2017 law; or 2) the court will stay a temporary injunction to prevent its application.
The next hearing will be held on January 11.