Bombay High Court: In a PIL filed by a human welfare association against rejection of their representation to the Ministry of Animal Husbandry, Dairy Development and Fisheries Department (‘the Ministry’) wherein they sought permission for slaughtering of animals that were not suitable for milch, breeding, draught or agricultural purposes under the Maharashtra Animal Preservation (Amendment) Act, 1995 (‘the Act’), the Division Bench of Alok Aradhe*, CJ., and M. S. Karnik, J., disposed of the petition, while holding that the expression “not suitable” was not defined under the Act, therefore, it was necessary to lay down the guidelines. Accordingly, the Court issued directions to the State Government’s Expert Committee.
The representation was rejected by the Ministry on the ground that it was expedient to constitute a committee of experts to evolve guidelines for grant of permission in respect of such animals. Aggrieved, the petitioner filed the present PIL.
The Court held that the expression “not suitable” was not defined under the Act. Therefore, it was necessary to lay down the guidelines in this regard, which would be done by an expert committee. The Court opined that the State Government had rightly constituted an Expert Committee. Accordingly, the Court issued the following directions:
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The Committee constituted by the State Government shall consider that the term “not suitable” was not defined under the Act and shall lay down the guidelines with regard to animals that are not suitable for milch, breeding, draught, or agricultural purposes within four months.
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It shall be open for the representative of the petitioners to present their views before the Committee.
Accordingly, the PIL was disposed of.
[Al-Quraish Human Welfare Association v. State of Maharashtra, PIL No. 21 of 2024, decided on 22-04-2025]
*Order authored by: Chief Justice Alok Aradhe
Advocates who appeared in this case :
For the petitioner: Senior Advocate M. M. Vashi, A. A. Siddiquie, Chowdhari Moin,
For the respondent: Additional Govt. Pleader Milind V. More