Civil Writ Petition No. 299 of 2008. Case: Lok Pratham and Others Vs State of Haryana and Others. High Court of Punjab (India)
| Case Number | Civil Writ Petition No. 299 of 2008 |
| Counsel | Hari Om Attri, Randhir Singh, Arun Walia, Dinesh Nagar, Sanjay Chauhan, B. R. Gupta, S. K. Verma, R. N. Lohan |
| Judges | T. S. Thakur & Kanwaljit Singh Ahluwalia, JJ. |
| Issue | Haryana Municipal Act, 1973; Constitution of India, 1950 - Article 48; Cattle Trespass Act, 1971; Prevention of Cruelty to Animals Act, 1960 - Section 11; Indian Penal Code, 1860 - Section 289; Code of Criminal Procedure, 1973 (as amended by Act No.25 of 2005 & Act No.2 of 2006) - Section 133 |
| Judgement Date | October 09, 2009 |
| Court | High Court of Punjab (India) |
Judgment:
Kanwaljit Singh Ahluwalia, J., 9 Chandigarh)
Agriculture accounts for a major part of the economy of this Country. It is in turn dependent upon the Country's livestock as future growth and development of agriculture sector draws its sustenance from livestock which generates employment, provides power, manure and also a major source of income for the farmers. Livestock not only provides food and nutrition security but also generates income for landless and small land holders who constitute a major part of the population of the Country.
The present writ petition, filed in public interest, brings to light complete lack of care towards livestock generally, the cows in particular. This petition also highlight problems of stray animals and call for the State to take strict action including initiation of prosecution against the persons who dump their animals which, in turn, create traffic hazards and nuisance.
To understand and find solution to the problem, facts can be gathered from the writ petition, counter-affidavits filed, various orders passed by this Court from time to time and the five status reports submitted by the Court Commissioner.
Lok Pratham, a registered Society, Gau Sewa Samiti and five other persons filed this writ petition, in public interest, with a prayer that Haryana State Government through its various functionaries which include Department of Urban Local Bodies, having control over the Municipal Corporations, Municipal Councils, Department of Finance, Agriculture and Police, be directed to enforce the provisions of the Haryana Municipal (Registration and Proper Control of Stray Animals) Bye laws 2006 (for short "2006 Bye laws") so that numerous road accidents are avoided. The writ petition seeks issuance of mandamus to the authorities to book guilty persons who leave their cattle on the road without feeding them. A further direction has been sought that a branding code or identification mark be assigned to all animals by use of micro chip. Furthermore, financial aid be provided to Gaushalas so that the stray animals, especially the Cows, are fed, taken care and rehabilitated in Gaushalas as their adoptive homes. In the writ petition, petitioners have urged that there is an inaction on the part of the respondents as the Government Machinery has failed to enforce the legal provisions as contained in Haryana Municipal Act, 1973 (for short "1973 Act") and other relevant laws which resulted into thousands of stray Cows on the roads, colonies and dying unnatural deaths by consuming polythene, garbage and harmful substances etcetera. It has also been averred in the writ petition that in Indian mythology right from Jain Agams and Rigveda, Cow was considered holy. Petitioners further stated that on 19.11.1947, Government of India had appointed a Cattle Preservation and Development Committee which recommended establishment of "Gosadans" where uneconomic cattle could be kept and allowed to die natural death. Petitioners have urged that a new scientific device of branding animals has been conceptualized and branding code by means of Tiny Microchip is being used in Delhi. Describing Cattle's physiology, benefits of insertion of microchip have been highlighted, so that in case owner of the animal desert the animal and make it go stray, he can be adequately punished. The petitioners have relied upon Article 48 of the Constitution of India, 1950, a directive principle to the State to say every endeavour to organize agriculture and animal husbandry on modern and scientific lines is imperative. Various provisions of Cattle Trespass Act, 1971 (for short "1971 Act") and Prevention of Cruelty to Animals Act, 1960 (for short "1960 Act") have been detailed to say that lack of enforcement of the provisions of the Acts have aggravated the problem. Petitioners also divulged information that there are approximately 225 Gaushalas run by private Societies and public spirited persons in the State of Haryana. A list of 163 Gaushalas has been placed on record as Annexure P3. Paucity of funds, unskilled workers and traditional outlook to keep pace with new scientific...
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