Latest news with #OdishaPreventionofCowSlaughterAct
Hindustan Times
3 days ago
- Politics
- Hindustan Times
Orissa HC asks state to appoint authority to make Cow Slaughter Act workable
Expressing concern over illegal cow slaughter across the state, a division bench of the Orissa high court has said that the Odisha Prevention of Cow Slaughter Act, 1960 can not be a dead letter and the government needs to appoint a competent authority to implement the same. The Orissa high court '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)
New Indian Express
4 days ago
- Politics
- New Indian Express
Orissa HC pulls up government over cow slaughter
CUTTACK: The Orissa High Court has taken serious note of the alleged failure of the state government to implement the Odisha Prevention of Cow Slaughter Act, 1960, in its true spirit. A division bench comprising Chief Justice Harish Tandon and Justice MS Raman, while hearing a PIL on Thursday, issued firm directions to the state to appoint a competent authority under the Act within three weeks. The bench observed that despite a complete prohibition on cow slaughter under section 3 of the Act, illegal practices were continuing unchecked across Odisha. While bull or bullock slaughter may be allowed under certain circumstances, such cases require a written certificate issued by a competent authority, a post that, according to the Bench, has not been filled by the state government since the Act's enactment. The court held that the lack of appointment of a competent authority had effectively rendered the law unworkable, reducing the 1960 Act to a 'dead letter'. 'We direct the state government to appoint the competent authority within three weeks from the date of communication of this order and submit a report on the next date,' the court ordered. The case will now be taken up on September 1.
Time of India
4 days ago
- Politics
- Time of India
HC directs govt to appoint ‘competent authority' under cow slaughter Act
Cuttack: Taking exception to the non-implementation of the Odisha Prevention of Cow Slaughter Act, 1960, Orissa high court on Thursday directed the state govt to appoint a 'competent authority' under the Act within three weeks. Tired of too many ads? go ad free now The court observed that Section 3 of the Act imposes absolute prohibition on the slaughter of cows, overriding any custom or tradition. It noted that while slaughter of bulls or bullocks may be allowed under specific conditions, it requires a certificate from a competent authority — a position that has remained vacant since the Act came into force. The direction came while a division bench of Chief Justice Harish Tandon and Justice M S Raman was hearing a public interest litigation (PIL) that had alleged continued cow slaughter in the state, despite the ban. "The 1960 Act cannot be a dead letter nor be put in cold storage taking into account the objects and purpose behind the said legislation," the bench said, adding that the absence of a designated authority had rendered several provisions of the Act 'unworkable'. The court also examined the Odisha Municipal Act, 1950, and the Odisha Municipal Corporation Act, 2003, and held that the 1960 law, being a special legislation, would have an overriding effect even over other state enactment. It maintained that any provision in the municipal laws contrary to the cow slaughter Act would have to yield to the latter's special status. Reiterating the urgency of the matter, the bench said, "The state govt cannot shrug off its responsibility. We direct the appointment of the competent authority within three weeks from the date of communication of this order and submit a report on the next date of hearing." The matter has been listed for further hearing on Sept 1.
