Orissa HC asks state to appoint authority to make Cow Slaughter Act workable
'The Act which was promulgated as far back as in the year 1960 cannot be a dead letter nor be put in cold storage taking into account the above objects and purpose behind the said Legislation,' noted chief justice Harish Tandon and justice Murahari Sri Raman while hearing a PIL filed by Gau Gyan Foundation.
'In accordance with the provision under Section 3(1)(b) of the Act of 1960, a person is required to obtain a certificate in writing from a competent authority, where a bull or bullock is to be slaughtered. The 'competent authority' is defined in the Act of 1960 as the person appointed in this behalf by the Government by a notification to exercise the powers and perform the functions of a competent authority under the Act or the rules made thereunder. The 'competent authority' prescribed under Section 2(a) of the 1960 Act has not been appointed, thereby rendering a number of provisions of the legislation unworkable. The State Government cannot shrug its responsibility in appointing the competent authority under the said Act and, therefore the State Government should appoint the competent authority within three weeks,' the bench said.
In December last year, two private member Bills proposing a ban on the possession and transport of beef and with punishment of three to 10 years were moved in the Odisha Assembly. For the punishment of cow slaughter, the Bills suggested a jail term of 10 years besides a ₹5 lakh fine. The bills recommend establishing special courts for speedy trials and empowering police officers (sub-inspector rank and above)
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