IN THE HONBLE SUPREME COURT OF INDIANA

SPECIAL LEAVE PETITION 414 OF

2019

Indiana is a sovereign Nation and its constitutional, legal and policy framework is pari
materia

to the Republic of Indiana. Manati is a State in that Federal Democratic country of

Indiana. The

economy of the State is predominantly agricultural with secondary and tertiary sector
still in

course of development. In the agricultural sector, use of cattle for milch, draught,
breeding or

allied agricultural purposes has always had a great significance. It has, therefore,
become

necessary to emphasize the preservation and protection of agricultural animals like bulls
and

bullocks. With the growing adoption of non-conventional energy sources like bio-gas
plants,

even animal waste material have come to assume

considerable value.

The Supreme Court of Indiana has not only devised new methods and secured justice
to its

citizens as per law rather it has a rich history and legacy of contributing some of the
overarching

principles of constitutionalism like 'basic feature of the constitution doctrine', 'absolute

principle

liability', 'letter –petitions as social action litigation' etc. With such enrichment, the
constitutional

governance in Republic of Indiana is described as one of the most progressive

governance based
on the principles of 'rule of law' and liberal
democracy.

The State of Manati by introducing an amendment to the Manati Preservation of

Animals Act,

1976 (hereinafter referred to as the MPA, 1976) amended certain sections of the said
Act. The

amended Act was them published in the Gazette of Manati on 03 September, 2019 after
having

received the Governor’s

assent.

By introducing Section 5A, a complete ban on transport of cow, bull or bullock from any
place

in the State to any place outside the State for the purpose of its slaughter has been
imposed. By

the same Section, a complete ban on export outside the State of Manati of cow, bull
and bullock

for the purpose of slaughter has also been

imposed.

Further, Section 5B provides for a ban on purchase, sale or otherwise disposal of any
cow, bull

or bullock for its slaughter. In addition, Section 5C imposes a prohibition on any person

possessing flesh of any cow, bull or bullock slaughtered in contravention of the

provisions of the

MPA Act,
1976.

Furthermore, Section 5D provides that no person shall have in his possession flesh of
any cow,

bull or bullock slaughtered outside the State of

Manati.

Section 9A, provides that violation of Sections 5C and 5D shall be an offence. Also, by

amending Section 9, even violation of Sections 5A and 5B has been made an offence.
Further, a

very drastic provision imposing a negative burden on the accused at the time of trial of
the

offences punishable under Sections 9 and 9A has been introduced by way of Section
9B which

provides that at the time of the trial, the burden of proving that the slaughter, transport,
export,

sale, purchase or possession of flesh of cow, bull or bullock was not in contravention of
the

provisions of the MPA, Act 1976 shall be on the

accused.

There was a perceivable bedlam amongst certain class of the public as well as the
slaughter

house owners and they were of the opinion that the said complete ban being first of its
kind, is

highly arbitrary and

unconstitutional.

Being aggrieved by the said ban, a Public Interest Litigation was filed by a public
spirited

citizen, Jacob Shaw, in the Hon’ble High Court, challenging the vires of the
amendments to the

MPA Act, 1976. The slaughter houses association of the State also filed a writ petition in
the

High Court that their rights guaranteed under the Constitution were
violated.

The High Court has upheld the validity of the amendments and the petitioners have
therefore
approached the Hon’ble Supreme Court of Indiana through a Special leave
petition.

The petitions by Mr. Jacob Shaw and the Slaughter Houses Association have been
clubbed and

are listed for hearing on 1st-2nd October 2019 in terms of Article 136 of the Constitution
read

with the Supreme Court Rules, 2013. The Court has directed all the parties to frame
substantial

questions for its considerations including preliminary issues relating to

jurisdiction.

Note: Laws of Indiana are the same as laws of

India.