In a learned, laudable, landmark and latest judgment titled Ankan Tilak Paul (Petitioner-in-person) v. The State of Tripura and others in WP(C)(PIL) No.02 of 2019 delivered as recently as on February 22, 2022, the Tripura High Court directed the State Government to ban the sale of meat products in public places and/or streets and to consider providing locations where slaughter can be carried out till the slaughterhouse is made operational. It is a very pragmatic, powerful, purposeful and practical judgment which certainly deserves appreciation from all quarters. There can be just no denying or disputing it!
Truth be told, the Tripura High Court’s Division Bench led by Chief Justice Indrajit Mahanty and Justice SG Chattopadhyay, which served a series of directions to the Agartala Municipal Corporation (AMC) to be implemented within six months, was hearing a Public Interest Litigation (PIL) filed by advocate Ankan Tilak Paul on February 22. It must be mentioned that the Bench which had issued a series of directions to the AMC in a Public Interest Litigation that, among other things, sought regulation of meat slaughter in Agartala. The AMC’s Commissioner had informed the Bench that a tender was being issued for construction of an abbatoir, which would be constructed 18 months after the tender is finalized, and that 139 persons have been given meat sale licenses so far.
To start with, this extremely commendable, cogent, creditworthy, composed convincing and courageous judgment authored by Chief Justice Indrajit Mohanty for a Bench of Tripura High Court comprising of himself and Justice SG Chattopadhyay sets the ball rolling by first and foremost putting forth in the opening para that:
Heard learned counsel for the respective parties.
To put things in perspective, the Bench then envisages in the next para of this notable judgment that:
Dr. Shailesh Kumar Yadav (IAS), Municipal Commissioner, Agartala Municipal Corporation is present to assist the Court. He brings to our notice the fact that a tender has already been floated by the Agartala Municipal Corporation (AMC, for short) on 21.02.2022 and this tender pertains to construction of abattoir/slaughter house. He submits that once the tender is finalized the time given for construction and completion of construction thereof is expected to be within a period of 18 months. He submits that this tender has been made by the AMC in anticipation of financial sanction. He further submits that total number of 139 persons have been given trade licenses for dealing with meat.
Most significantly and also most remarkably, the Bench then states in the next para what should capture maximum eyeballs and what forms the cornerstone of this notable judgment that:
After hearing learned counsel for the respective parties and Shri Yadav in person, we issue the following directions:
- The AMC should prepare a long term plan for not only setting up the abattoir/slaughter house but also for ensuring disposal of garbage in an appropriate scientific manner (which we are told is an additional feature of the slaughter house for which tender has been floated).
- All authorities including the local police authorities are hereby directed to render all necessary assistance to the AMC for enforcing and/or assisting in carrying out its duties.
- If more people apply for licenses the same shall be considered and disposed of at an early date so that people are not deprived of essential needs.
- Inspection must be carried out of all license premises and in particular attention should be kept that hygienic conditions are being maintained within the license premises. Sale of meat products should not be allowed in public places and/or streets.
- AMC shall consider providing locations where slaughter can be carried out till the slaughter house is made operational and such locations be appraised to the licensee concerned.
- Appropriate bins be also provided to all licensee where they can collect all waste material for disposal through the AMC disposal system.
- AMC is also directed to seek assistance of the Veterinary Department to post few of their officials who shall be given the authority to certify the quality of meat or meat products that are being made available for public sale.
As it turned out, the Bench then points out in the next para that:
This Court is conscious that this certification is likely to take some time and consequently these directions shall be implemented within 6(six) months from today. The pollution control authority shall also carry out necessary steps to assist the Municipal authorities in maintaining sanitation and hygiene of all these areas. We also direct the AMC along with the Health officials to visit all the hospitals and/or nursing homes to find out the method of disposal of polluting materials generated from the hospitals.
Furthermore, the Bench then also directs in the next para of this brief judgment that:
Apart from the above, AMC shall also consider the need for additional resources and/or location for setting up of additional sewage treatment plants to meet the needs of the entire expanding city. Obviously, the object behind it would be to try and reduce and/or stop flow of untreated water into the rivers or rivulets around the town. In this respect, the directions shall be carried out by the AMC and we hope and trust that all agencies including the police authorities, the pollution control authorities as well as the persons who are operating the Government hospitals as well as private nursing homes to provide all necessary assistance in this regard. In this respect, this Court also directs the Finance Department to provide all necessary financial support for conducting the activities as well as the construction of the abattoir /slaughter house for which tender has already been floated at the earliest.
In addition to what is stated above, the Bench then also directs in the next para of this noteworthy judgment that:
The aforesaid directions as contained shall also be used by the appropriate department of the State Government including Finance, Urban Development and other co-related departments to implement the aforesaid directions in all Municipal bodies throughout the State to the extent feasible and financially possible. The AMC is further directed to bring to the notice of the Forest Department, particularly Chief Wildlife Warden if they come across any sale of banned endangered species of animals and in that event the Forest Department shall take all necessary steps to ensure that such sale does not take place and necessary steps in accordance with law shall be initiated by them. We further direct that an affidavit shall be filed before this Court regarding compliance within 6(six) months time and on such filing of such affidavit, the matter may be placed before the appropriate Bench for consideration.
Finally, the Bench then concludes by holding in the final para of this most exemplary judgment that:
With these observations and directions the matter stands disposed of. Pending application(s), if any, also stands disposed of.
In a nutshell, it can definitely well be said with consummate ease that the Tripura High Court has taken a very decisive step by deciding to not allow the sale of meat in public places. Of course, it merits no reiteration that this extremely brilliant, bold and balanced judgment by the Division Bench of Tripura High Court comprising of Chief Justice Indrajit Mahanty and Justice SG Chattopadhyay has to be welcomed in its entirety without any ifs and buts. The same must be implemented in letter and spirit in totality. There can be just no denying or disputing it!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.
