Hyderabad: Faheem Qureshi, the President of an All India Jamiatul Quresh Action Committee and Advocate, appeared as a counsel for the committee in the Telangana High Court.
Advocate said before the bench, Qureshi challenged the constitutional validity of Rule 125 E of the Central Motor Vehicle Act 2015 and Rule 253 of the Telangana Motor Vehicle Rules.
Faheem Qureshi argued that those roles are impractical and impossible to follow and as they contravene the Prevention of Cruely of Animals Act 1960 (Act 59 of 1960). This Act was passed by the Transport of Animal Rules of 1948. These rules are inconsistent, unlawful and unconstitutional in that they compel drivers to disobey two of the three rules without having the option of to choose from the three.
According to these rules, specialized licensed vehicles are not permitted to carry any other goods except cattle. It is burdensome for the farmers and cattle traders to pay for return journeys of the vehicle as this doubles the cost of transportation.
Moreover, threats from cow vigilante groups compel the farmers and traders to leave their ancestral businesses, thereby depriving them of their constitutional rights and affecting their livelihoods.
All India Jamiatul Quresh Action Committee further contented that the rules are made and imposed unconstitutionally having no power delegated to the ministry of transports and highways to frame rules for the welfare of cattle.
By adjourning the matter till March 4, 2020 the High Court has directed the central and state government to file counter suits in this case.
The impugned provision is in violation of the right to livelihood under Article 21 of the Indian constitution and the right to carry on trade or business. This also amounts to an infringement of the fundamental rights guaranteed by Article 19, Article 14, 25, 41, 43, 48, 48A, & 51A of the constitution stressed Faheem Qureshi.