The Uttarakhand High Court recently invoked the parens patriae doctrine to assume the role of legal guardian for cows and other cattle in the state..On assuming this role, the Bench of Justices Rajiv Sharma and Manoj Kumar Tiwari issued detailed directions oriented towards the welfare of cows and other animals..The Court was prompted to issue the directions in a petition filed against the open slaughter of cows, despite the ban on cow slaughter in the state and other laws against animal cruelty..The Uttarakhand Protection of Cow Progeny Act, 2007 (2007 Act) imposes a state-wide ban on cow slaughter. Other relevant laws include the Prevention of Cruelty to Animals (PCA) Act, 1960 and allied municipal laws..In this background, the Bench took judicial notice of the following issues..Frequent FIRs against violation of cow protection laws: The Court was informed that 2-3 FIRs are registered ordinarily under the provisions of the 2007 Act in a fortnight. The Bench opined that this was an alarming number.Cattle Abandonment: The Court observed that owners often abandon their cattle on the roads in order to avoid feeding and taking care of them, causing nuisance/menace on roads.Cattle are transported in breach of provisions of Rules governing the transport of the animals.Large-scale encroachments in cow shelters.With these concerns in the backdrop, the Court proceeded to sound an empathetic note when it comes to animal welfare..“We have to show compassion towards all living creatures. Animals may be mute but we as a society have to speak on their behalf. No pain or agony should be caused to the animals. Cruelty to animals also causes psychological pain to them.”.The Court made note of the Constitutional duties to protect the environment and animals and to take steps for the prohibition of cow and milch/draught cattle slaughter..Interestingly, the Court also referred to ancient Indian treatises and religious teachings to justify the imperative to protect animals, particularly cows. As noted in the judgment,.“The importance of cow as per Arthasastra, reads as under:- .‘This food is stored the hymn continues in the highest of the upper worlds. All the gods and the deceased ancestors are the guardians of this food. Whatever is eaten, or split or scattered as an offering. Is altogether but a hundredth part of my whole body. The two great vessels. Heaven and Earth, have both been filled. By the spotted cow with the milk of but one milking, pious people, drinking of it, cannot diminish it. It become neither more nor less.’ “.Reference is also made to Lord Mahavira, Gautama Buddha, Mahatma Gandhi and the Dalai Lama, all of whom advocated against animal cruelty..In view of these observations, the Court remarked that the welfare of animals and birds is part of the moral development of humanity..The Court, therefore, deemed it appropriate to issue specific directions to ensure compliance of the 2007 Act, the PCA Act and other animal welfare laws and the protection of cows and other cattle. These include the following:.On cow slaughter and general welfare of cows/cattle.No person shall slaughter of cows, bulls, bullocks, heifers and calvesNo person shall carry out the export of such animals for the purpose of slaughter, directly or indirectlyNo person shall sell beef or beef products in any form throughout the stateA Special Squad is to be constituted, headed by an officer not below the Deputy Superintendent of Police to protect cowsPatrolling to be carried out once in 24 hours to ensure no cow is slaughteredVehicles transporting the animals should not be driven at speeds more than 10-15 kms/hour to avoid injuring the animalsGovernment Veterinary Officers/Doctors/Hospitals cannot refuse to treat stray cattle. All the Veterinary Hospitals in the State of Uttarakhand are directed to provide necessary medical treatment to the cows and animals as and when brought before themState Government is to appoint infirmaries to treat the animals in line with Section 35 of the PCA Act within three weeksDetailed directions have also been issued against overloading animals, ensuring adequate water and comfortable environmental conditions while transporting them, against making animals travel on foot contrary to statutory restrictions. against transporting diseased animals etc..On stray cattle.If cattle are found on the streets, roads and public places, prosecution should be launched against the owner under the relevant provisions of the IPC, the PPCA and the Uttarakhand Protection of Cow Progeny Act, 2007Chief Engineers of National Highways in the State to ensure that no stray cattle come to roads. Similar directions have been issued to Executive Officers of Municipal Corporations, Municipal Bodies, Nagar Panchayats and Pradhans of Gram PanchayatsState functionaries to ensure that utmost compassion is shown towards stray cattle when removing them from the road, to prevent unnecessary pain and suffering.On Gaushalas/Gausadans/Cow Shelters.Municipal authorities are directed to construct shelter homes i.e. gaushalas/gausadans for housing cows and stray cattle within a year. District Magistrates are directed to construct such shelters in a cluster of 25 villages throughout Uttarakhand within a yearThe gaushalas/gausadans are be constructed on scientific lines, taking into consideration the comfort of animals. No commercial charges should be levied on supplying electricity and water connectionsUnauthorised encroachers in gaushalas to be evicted after hearing them within three monthsHead Gurus of all the religions including Deras are requested to assist the State in the construction of gaushalas/gausadans to house cows.Read the judgment:
The Uttarakhand High Court recently invoked the parens patriae doctrine to assume the role of legal guardian for cows and other cattle in the state..On assuming this role, the Bench of Justices Rajiv Sharma and Manoj Kumar Tiwari issued detailed directions oriented towards the welfare of cows and other animals..The Court was prompted to issue the directions in a petition filed against the open slaughter of cows, despite the ban on cow slaughter in the state and other laws against animal cruelty..The Uttarakhand Protection of Cow Progeny Act, 2007 (2007 Act) imposes a state-wide ban on cow slaughter. Other relevant laws include the Prevention of Cruelty to Animals (PCA) Act, 1960 and allied municipal laws..In this background, the Bench took judicial notice of the following issues..Frequent FIRs against violation of cow protection laws: The Court was informed that 2-3 FIRs are registered ordinarily under the provisions of the 2007 Act in a fortnight. The Bench opined that this was an alarming number.Cattle Abandonment: The Court observed that owners often abandon their cattle on the roads in order to avoid feeding and taking care of them, causing nuisance/menace on roads.Cattle are transported in breach of provisions of Rules governing the transport of the animals.Large-scale encroachments in cow shelters.With these concerns in the backdrop, the Court proceeded to sound an empathetic note when it comes to animal welfare..“We have to show compassion towards all living creatures. Animals may be mute but we as a society have to speak on their behalf. No pain or agony should be caused to the animals. Cruelty to animals also causes psychological pain to them.”.The Court made note of the Constitutional duties to protect the environment and animals and to take steps for the prohibition of cow and milch/draught cattle slaughter..Interestingly, the Court also referred to ancient Indian treatises and religious teachings to justify the imperative to protect animals, particularly cows. As noted in the judgment,.“The importance of cow as per Arthasastra, reads as under:- .‘This food is stored the hymn continues in the highest of the upper worlds. All the gods and the deceased ancestors are the guardians of this food. Whatever is eaten, or split or scattered as an offering. Is altogether but a hundredth part of my whole body. The two great vessels. Heaven and Earth, have both been filled. By the spotted cow with the milk of but one milking, pious people, drinking of it, cannot diminish it. It become neither more nor less.’ “.Reference is also made to Lord Mahavira, Gautama Buddha, Mahatma Gandhi and the Dalai Lama, all of whom advocated against animal cruelty..In view of these observations, the Court remarked that the welfare of animals and birds is part of the moral development of humanity..The Court, therefore, deemed it appropriate to issue specific directions to ensure compliance of the 2007 Act, the PCA Act and other animal welfare laws and the protection of cows and other cattle. These include the following:.On cow slaughter and general welfare of cows/cattle.No person shall slaughter of cows, bulls, bullocks, heifers and calvesNo person shall carry out the export of such animals for the purpose of slaughter, directly or indirectlyNo person shall sell beef or beef products in any form throughout the stateA Special Squad is to be constituted, headed by an officer not below the Deputy Superintendent of Police to protect cowsPatrolling to be carried out once in 24 hours to ensure no cow is slaughteredVehicles transporting the animals should not be driven at speeds more than 10-15 kms/hour to avoid injuring the animalsGovernment Veterinary Officers/Doctors/Hospitals cannot refuse to treat stray cattle. All the Veterinary Hospitals in the State of Uttarakhand are directed to provide necessary medical treatment to the cows and animals as and when brought before themState Government is to appoint infirmaries to treat the animals in line with Section 35 of the PCA Act within three weeksDetailed directions have also been issued against overloading animals, ensuring adequate water and comfortable environmental conditions while transporting them, against making animals travel on foot contrary to statutory restrictions. against transporting diseased animals etc..On stray cattle.If cattle are found on the streets, roads and public places, prosecution should be launched against the owner under the relevant provisions of the IPC, the PPCA and the Uttarakhand Protection of Cow Progeny Act, 2007Chief Engineers of National Highways in the State to ensure that no stray cattle come to roads. Similar directions have been issued to Executive Officers of Municipal Corporations, Municipal Bodies, Nagar Panchayats and Pradhans of Gram PanchayatsState functionaries to ensure that utmost compassion is shown towards stray cattle when removing them from the road, to prevent unnecessary pain and suffering.On Gaushalas/Gausadans/Cow Shelters.Municipal authorities are directed to construct shelter homes i.e. gaushalas/gausadans for housing cows and stray cattle within a year. District Magistrates are directed to construct such shelters in a cluster of 25 villages throughout Uttarakhand within a yearThe gaushalas/gausadans are be constructed on scientific lines, taking into consideration the comfort of animals. No commercial charges should be levied on supplying electricity and water connectionsUnauthorised encroachers in gaushalas to be evicted after hearing them within three monthsHead Gurus of all the religions including Deras are requested to assist the State in the construction of gaushalas/gausadans to house cows.Read the judgment:
