Maneka Gandhi vs Union Territory Of Delhi And Ors.
1994 Latest Caselaw 238 Del

JUDGMENT

Dalveer Bhandari, J.

(1) The Delhi Meat Merchants' Association and the Buffalo Traders Welfare Association have preferred review applications against our judgment dated March 18, 1994, in the aforesaid writ petition.

(2) We have heard Mr. S.D. Ansari, learned counsel for the Delhi' Meat Merchants' Association. It is incorporated in para 34 of the application that the applicant has no objection, nor can have any objection to the closure of the slaughter house from its present place subject to a condition that it is established at some other suitable place first. Mr. Ansari's main argument has been that the number of animals slaughtered be increased from 2500 per day to 6000 per day. He further submitted that thousands of people dependent on this trade would be rendered jobless.

(3) Mr. Mukul Rohtagi, learned counsel appeared on behalf of Buffalo Traders Welfare Association and Mr. Sabharwal for the Mcd submitted that they have no grievance against any of the directions given by this court in its judgment. They only prayed that the number of animals permitted to be slaughtered per day be increased.

(4) We have heard learned counsel for the parties and carefully perused the averments mentioned in their applications. It may be pertinent to mention that even t0he Municipal Corporation of Delhi has taken the stand that there is undue burden on the slaughter house and unless the number of animals slaughtered is reduced, even .minimum hygienic and sanitation conditions cannot beensured. On enquiry, the learned counsel submitted that the initial installed capacity of the Idgah Slaughter House was 800 to 1000 animals for catering to the requirement of Delhites. The obligation of the Municipal Corporation of Delhi is to meet the need of the residents of Delhi .

(5) The number of animals slaughtered at Idgah Slaughter House cannot he increased for the following reasons: Available area 1. That .out of a total area of 7 acres, only 5 acres is available to the slaughter house. The respondents have made available 40 acres of land at Narela for a project to handle about 5900 small stock (sheep and goats), 1900 large animals (buffaloes), and 200 pigs per day. Therefore, the total area of this slaughterhouse, which is almost 1/8th in size, cannot be considered adequate to handle more than 2500 animals while maintaining minimum standard of hygiene, and sanitation. The existing area is extremely inadequate for slaughtering more than 2500 animals and this is also borne out from the fact that the animals are not even permitted to move about. Photograph no.8 placed on record by the petitioner also shows that a single rope is passed through the nostrils of a large number of buffaloes so that the animals are prevented from moving. This is done primarily because of paucity of space. Traffic Congestion 2. The slaughter house is located in one of the busiest commercial and residential areas of Delhi. There is already a very serious problem of traffic congestion in that area.

Live-stocks are brought in trucks and other vehicles create further congestion in that area. In accordance with the notification (no. F.18(57-57) issued by Development Commissioner, Delhi on September 21, 1961), each truck would be required (by the judgment) to bring not more than 40 sheep and goats or 4 buffaloes). Therefore, a larger number of vehicles would be required to carry the same number of live stocks great traffic congestion, and if the number is increased, it would almost be impossible to have any free movement in that area and the public would be put to great inconvenience. The relevant portion of the court committee's report on traffic congestion is reproduced show the serious problem of traffic congestion in the area: "ON August 18, 1993 the members of the committee visited the Idgah slaughter house from the Idgah road side. The entire stretch of the Mundewala Road as well as the Idgah Road adjacent to the abattoir was congested with large number of trucks, tempos, hand carts etc., and animals which were being ruthlessly herded towards the main Idgah entrance of the abattoir. It is reported by the committee that the animals were being frequently beaten by sticks and pulled by their ears/horns and pushed into the gate of the abattoir. Quite a few buffaloes who were weary and could not stand, up, had been bodily lifted and made to lie down on to a hand-cart and were tied with ropes all around to stop them from slipping off and were being ferried into the abattoir. The entire stretch of the road was covered with animals and men. The density of animals and the vehicles and human being was so thick that it took over 20 minutes for the committee members to cover a distance of about 50 yards on the Idgah road.

(6) Therefore, increasing the number would cause serious traffic congestion and other problems. Drainage System

(7) The court committee report on drainage system is reproduced to show how the drains were completely choked and were overflowing with solid waste leading to problems of water and air pollution. "THERE are drains located in every section. The drains run parallel to each platform. During inspection the committee observed that large number of drains were completely choked and were over flowing with solid waste.and the discharge from the entrails and blood. Quite a few stretches of drains were being used by some of the butchers for storing heads, hooves etc. and these stretches were deliberately created by choking the two ends with solid waste of the animals."

(8) This problem can be effectively resolved by reducing the strain on drainage system. Otherwise, a serious problem of water pollution may crop up. Ante Mortem Examination

(9) For carrying out proper ante mortem examination, besides the requisite number of veterinary doctors, reasonable space is also required. There is no possibility of having additional land available, therefore, if the number is increased, it would not be possible to have proper ante mortem examination.

(10) Veterinary doctors frankly stated during the visit of the court's committee that they conduct random visual examination which if put simply means, while the huge hoards of animals are being pushed, pulled and driven into the section they observe the animals and incase they have a doubt in respect of an animal, only then they examine that animal.

(11) Before the committee, the doctors candidly admitted that due to the large number of animals and the confronted attitude of the retailers/butchers, it was not possible to carry out proper examination. And that a complete and proper ante-mortem examination of an animal would take about 7-8 minutes. No animal out of 14663 animals was rejected on medical grounds on 25th August, 1993. Post Mortem Examination

(12) An animal after being slaughtered and cleaned is to be examined by a veterinary doctor in order to check as to whether for any medical reason it is fit for human consumption or not. The carcass thereafter is physically stamped by the veterinary doctor declaring that it has been examined and found fit for human consumption. The post mortem examination of the carcass is conducted by checking the following: (I)Colour of meat (ii) texture of meat (iii) lung patches (for T.B. worms) (iv) liver patches (for flukes, worms)

(13) According to the doctors, proper post mortem examination would take about 10-15 minutes per carcass. Proper postmortem examination, apart from large number of veterinary doctors, also requires a large space for carrying out examination. Looking to the number of doctors and infrastructure available, it would not be possible to increase the number. In proper ante mortem examination, 7 to 8 minutes per animal are required and post mortem of each carcass takes 10-15 minutes. Therefore, the figure of 10 minutes per animal was arrived at which would mean48animals in eight working hours can be examined by a veterinary doctor. Air And Water Pollution

(14) In case the number is increased, it would have serious impact on air and water pollution in the vicinity. The Committee observed as under The entire environment around and in the abattoir is vitiated. The smell is so nauseating that the members of the committee's stomach turned squeamish. Similar was the condition of the people who had to use the roads adjacent to the abattoir and who are working or living in that area. One can only imagine the plight of all the young children who are studying in the two schools whose boundary walls are common with that of the abattoir. Wholesome Drinking Water

(15) The residents of Delhi are entitled to wholesome and pure drinking water. This basic right of the residents is likely to be jeopardised, if there is undue strain on the sanitary and drainage system. This strain would eventually lead to water and air pollution.

(16) The Municipal Corporation of Delhi has also categorically mentioned that unless the number of animals slaughtered is reduced, the minimum standard of hygiene and sanitation cannot be ensured. According to the M.C.D. manageable number would be 6000 sheep and goats and about 700 buffaloes.

(17) According to the reports of the court's committee, the manageable number would be 2000 sheep's and goats and 500 buffaloes per day, otherwise even the minimum standard of hygiene and sanitation cannot be ensured looking to the available infrastructure.

(18) Unfortunately, from the very beginning, the conduct of the M.C.D. in this matter had been such that it would not be safe to place much reliance on their pleadings or figures submitted by them. The M.C.D. categorically contradicted main averments incorporated in the petition. This court was left with no option but to appoint a Court's Committee to discover the truth. The Court Committe's report is fully corroborated with the material on record. The same has to be respected. In order to illustrate the conduct of the M.C.D. relevant portion of the pleadings filed by them in the court need to behighlighted.

(19) Dr. Bhargava, Manager, Slaughter House has filed reply to show cause on 29th January, 1993. In para 6, he categorically denied the main averments of THE petition. The relevant portion is reproduced as Under:- 6.It is denied that the animals are butchered in a most cruel manner and under unhygienic conditions in busy markets and residential areas, in broad day light in full knowledge of the respondents. It is also denied that without determining the quality of meat, the respondents allow butchers to sell it to the public and thus make people susceptible to various diseases."

(20) The lawyers committee observed regarding hygienic conditions of the said slaughter house. Relevant portion is reproduced : WASTE The entire abattoir right from the main road onwards is an endless stretch of several inches thick of animal dung and urine. And the stink of animal waste is unbearably nauseating,which emanates from the purification of urine, excreta, blood, entrails etc. The most unhygienic place in the abattoir are the buffalo, halal and jhatka sections. The entire floor is full of waste discharged from the entrails and blood. The animals are slaughtered ruthlessly on this floor and they spend their last moments screaming and bloating in the filth of the entrails and blood. The animal after being slaughtered is hung on a hook and dressed. After dressing, i.e. removal of hide, the process of Evisceration begins whereby the chest and the stomach is ripped open and the offal's and entrails are snatched out. Edible .and non-edible offal's are segregated. The waste from the entrails is emptied out at that very spot which gets spread out with the blood on the floor and the non-edible offal's. The animal is then removed from the hook and put aside on that filthy floor. The committee during inspection was repeatedly informed by the butchers that the cleaning done by the safai karmacharies is perfunctory and at times for days. together the said sections are not cleaned leading to piling up of ankle deep filth and causing inconvenience in carrying out their work. According to the staff of abattoir each section is cleaned after the shift is over and it is not possible to clean during the course of the shift. The committee is of the view that both the management of abattoir as well as the butchers working there are equally responsible for the filth which gets accumulated on the floor."

(21) Similarly, it: is mentioned in para 8 of the affidavit that "Every proper care is being taken in all the sections of the slaughter house that no torture is inflicted on any live animal. Relevant observations of the court's committee are reproduced: 22. Traditional methods of slaughtering, both Jhatka and Halal can only be described as crude and barbaric. Though any kilting is cruel. The animals in the slaughter house are exposed to unnecessary ruthless violence from the moment they are slated for slaughter till their death. They are beaten, to rtured, their limbs are broken, their throats slit and they are thrown and tossed about quivering in pain till they bleed to death. As a preparation for slaughter about 20 animals are thrown down and their legs tied up while assistants clamp the animals down, then the butchers cut their throats one by one. In the Jhatka section, some heads were seen still shivering after fresh slaughter. In the Halal section, a jugular cut is made in the neck of the animal, animals are thrown away mercilessly with legs handing up till they slowly bleed to death. Such cruelty is revolting and needs to be abolished and replaced by more modern and humane methods of killing.

(22) This clearly shows that contents of reply affidavit of Dr. Bhargava are incorrect.

(23) In para 17 of the said affidavit of Dr. Tiwari, it is mentioned that "facility of constant water supply has been provided by installing two additional tubewells as such water is now available 24 hours a day in all the sections.

(24) The committee appointed by the court observed in its report regarding the acute shortage of water problem at the slaughter house. Relevant portion is reproduced as under;- "THERE was no water available in any of the sections, even to the extent that drinking water was also not available, though a water cooler was placed in the Halal section, its condition was more like an antique than a functioning one. Number of butchers complained of the acute shortage of water and stated that on occasions there was not a drop of water for days together. The committee observed that the little water available was in a small pond and was meant for cleaning the intestines and other parts of the animals. The water in the said pond was so dirty it had turned yellow with animal excreta and also had blood in it. It was in this yellow water that the intestines were being hand washed. As regards the availability of water taps, there are none in existence. There are a few water pipe lines and these lines have nipples at several points indicating thereby that a tap was fitted but later removed or that a tap was never fitted.

(25) This Court vide its order dated 21.4.1993 directed respondent no.2 M.C.D. to depute an officer from the Health Department who will go to the slaughter house every day and have the improvements carried out and the said officer will file weekly reports in this court. In pursuance of that, a large number of reports have been submitted. Almost all the reports indicate that on inspection, various sections of the slaughter house were washed and cleaned. Doctors were found on duty. All these weekly reports are totally contrary to the court's committee report. This clearly demonstrates that officials who filed affidavits before this court have no regard for the truth and submitted totally misleading information to the court. It would be quite unsafe to rely on the pleading and figures submitted by the M.C.D. in this case.

(26) On the contrary, averments of this petition stand corroborated to a large extent by the report of the committee appointed by his court. The averments of this petition and of lawyers' committee report also stand corroborated by the large number of coloured photographs and the video film placed on record.

(27) The minutes of the meeting held under the Chairmanship of Deputy Minister for Commerce on 22nd January, 1992, have already been produced as Annexure R-1. Para 3 of the minutes is reproduced as under: "CHIEFSecretary, Delhi Administration, stated that they are not in favor of the Slaughter House continuing in Delhi as this activity is not in line with the Delhi Master Plan which stands approved by Parliament. Delhi Administration stands committed to decongesting Delhi. He appealed to Moc to help them in this task. Animals which are brought to Delhi for slaughter tend to create problems of traffic congestion, and pollution. While slaughter house for domestic consumption has to be allowed to continue, the portion fit for export purposes should be shifted to a safe distance within the National Capital Region (NCR), or better still to an adjoining State.

(28) Despite the order of this court dated 1st October, 1992 and serious deliberations in the meetings of high officials, no serious efforts have been made to set up a modern slaughter house as directed by this court in its earlier judgment dated 1st October, 1992.

(29) We have heard learned counsel for the parties and taken into consideration all the relevant facts and circumstances. Even if basic minimum standard of hygiene and sanitation is to be maintained, then in our opinion, in the larger public interest, the number of animals permitted to be slaughtered at the said slaughter house cannot be increased.

(30) We cannot permit supply of meat of those animals which have not undergone any kind of ante mortem examination. We also cannot permit the carcasses to leave the slaughter house before proper checking, in order to determine whether the meat is fit for human consumption or not. The possibility of the supply of contaminated meat and meat of diseased or sick animal cannot be ruled out. These precautions are absolutely imperative particularly in the interest of meat-eating population.

(31) The meat eating population of Delhi is entitled to have wholesome fresh and hygienic meat. It is the duty and obligation of the respondent to ensure it. Incase there is temporary shortfall (till the modern slaughter house is set up) insupply, the same can be made good by getting fresh hygienic and wholesome meat from the other States, in the way milk is brought to Delhi every day.

(32) The respondents in all seriousness must find alternative employment for all those who may be rendered jobless. Later on all of them may also be considered for employment in the modern slaughter house to be set up by the respondents as directed by the earlier judgment of this court. Accordingly, the respondents are directed to frame a scheme of offering alternative employment to those who were dependent.on this trade and are now without work.

(33) Life and health of millions of residents of Delhi is indeed our paramount consideration. Keeping in view the available infrastructure at Idgah Slaughter House, any increase in number would create grave problems of hygiene, sanitation, drainage, traffic congestion, air pollution p73 and water pollution.

(34) In view of aforesaid conclusions, we do not find any merit in these applications and they are accordingly rejected.