When the parent Act expressly permits slaughter of animals for food, how can the Rules impose a ban on sale of cattle for slaughter? When slaughter for food is not prohibited by the parent Act, how can the Rules impose ban of sale for slaughter? This is the apparent anomaly of the Rules that makes it ultra vires the parent Act. The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules 2017 notified by the Central government, with effect from 23.05.2017, is unsustainable in law to the extent that it imposes ban of sale of cattle in animal markets for the purpose of slaughter.The notification is yet another instance of the ‘mischievous and deceptive’ law-making practice being followed by the Union government for some time. This practice involves camouflaging a controversial provision with seemingly progressive and innocuous provisions in order to deceive and mislead the general public.It was done in the case of Motor Vehicles Amendment Bill, … [Read more...] about Why Prevention Of Cruelty To Animals (Regulation Of Livestock Markets) Rules 2017 Is Unsustainable In Law?
Slaughtering the law, prevention of cruelty to animals, cruelty to humans. The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 were notified by the Central Government. Ostensibly to regulate animal markets all over India.The term ‘animal market’ is defined in Rule 2(b) as “a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale or auction and includes any lairage adjoining a market or a slaughterhouse and used in connection with it and any place adjoining a market used as a parking area by visitors to the market for parking vehicles and includes animal fair and cattle pound where animals are offered or displayed for sale or auction.”The owner of cattle has to provide a written declaration furnishing his/her details, with photo ID proof, the identification details of the cattle, as well as an undertaking that the cattle has not been … [Read more...] about Ban On Trade Of Cattle For Slaughter, Does The Centre Have The Power?
Energy and Climate DebateUnited Nations Secretary-General Ban Ki-moon, more than 162 government representatives, including 126 heads of state and government, and leaders in the business and finance sectors convened a Climate Summit in New York City September 23. Though not an official international negotiation conference, the summit was the largest international climate change meeting since the 2009 Copenhagen Summit, and it aimed to advance the development of an international agreement to address climate change before the United Nations Climate Change Conference of 2015 in Paris, France. President Obama emphasized the actions he has launched under his climate action plan to reduce greenhouse gas emissions from power plants and other sources as well as the successes the administration has had in renewable energy and energy efficiency efforts, despite Congressional inaction. The United States sent its submission September 17 to the United Nations, in which it contended that the … [Read more...] about Energy and Environmental Law Update – September 29, 2014
ENERGY AND CLIMATE DEBATEWhen the President outlined his Climate Action Plan on June 25, he stressed the importance of federal leadership on emissions reduction efforts. A little over five months later, he signed a presidential memorandum directing the federal government to obtain 20 percent of its electricity from renewable energy by 2020. The December 5 directive creates an action item for the Climate Action Plan and builds upon the 2009 Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance. A fact sheet on the memorandum can be found here.In the week after Thanksgiving, the Senate was in recess while the House addressed legislation on patent litigation and private equity fund advisers. Members of the farm bill, budget, and Water Resources Development Act conference committees continued to meet. Many do not believe that all three will be finished by the end of the year, with one or two being pushed back into … [Read more...] about Energy and Environmental Law Update – December 9, 2013
Energy and Climate DebateWith the lame duck session underway, all in Washington are focused on the fiscal cliff. President Obama and congressional party leadership met November 16 to begin laying out a basic framework for negotiations going forward. Though they avoided discussion of particular proposals, the group attempted to demonstrate their willingness to work together in order to prevent the automatic tax increases and spending cuts scheduled to take effect on January 1.With an increased interest in raising revenue in the face of the looming fiscal cliff, the idea of a carbon tax resurfaced as one potential resource, and debates quickly became heated last week. President Obama announced November 14 that the administration is unlikely to pursue a carbon tax before addressing the fiscal cliff. Gilbert Metcalf, deputy assistant treasury secretary for environment and energy, said the previous day that the administration had no plans to propose a carbon tax, and that any … [Read more...] about Energy and Environment Law Update – November 18, 2012