Special Squad, Police Patrolling Every 24 Hours To Prevent Slaughter: Uttarakhand HC Issues Directions For “Welfare” of Cows & Other Stray Cattle [Read Judgment]

The Uttarakhand High Court on Friday issued a slew of directions for the welfare of cows and other stray cattle in the State.The directions were issued by a Bench comprising Justice Rajiv Sharma and Justice Manoj Kumar Tiwari, on a petition filed by one Alim, alleging illegal slaughter of cows and other animals in his area. He had contended that the State has failed in its duty to enforce the provisions of the Uttarakhand Protection of Cow Progeny Act, 2007, Municipal Laws and Prevention of Cruelty to Animals Act, 1960.The Court however widened the scope of the petition, noting the deficiencies in adhering to the provisions of the existing laws by the State and the citizens alike.The judgment highlighted the necessity to show compassion towards animals, with the Court observing, “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. In Hindu Mythology, every animal is associated with god. Animals breathe like us and have emotions. The animals require food, water, shelter, normal behaviour, medical care, self-determination.”The Bench then asserted that it was invoking the parens patriae doctrine to issue the following mandatory directions:No slaughter of cow and stray cattle “No person in the State of Uttarakhand shall slaughter cause or cause to be slaughtered, or offer, or cause to be offered for slaughter, any cow, bull, bullock, heifer or calf forthwith. No person shall export cow, bull, bullock, heifer or calf for the purpose of slaughter either directly or through his agent or servant or any other person acting on his behalf if the same is likely to be slaughtered. No person shall sell beef or beef products in any form throughout the State of Uttarakhand.Prosecution against owners of stray cattleProsecution be launched under Section 289, 428 and 429 of the I.P.C. and also under various provisions of the Prevention of Cruelty of Animals Act, 1960 as well as Section 7 of the Uttarakhand Protection of Cow Progeny Act, 2007, against the owners of any cattle which are found on the streets, roads and public places.No stray cattle on the roads Chief Engineers of all National Highways in the State of Uttarakhand and the State Highways are directed to ensure that no stray cattle, including cows and oxen come onto the roads. Executive Officers of the Municipal Corporations, Municipal Bodies, Nagar Panchayats and Pradhans of the Gram Panchayats are directed to ensure that all the roads passing through their jurisdiction are kept free from the stray cattle to ensure free and smooth flow of the traffic. The functionaries of the State are directed that while removing the stray cattle from the road, the utmost compassion is shown towards them and no unnecessary pain and suffering is inflicted on. In case the cattle are transported, in that eventuality, there should be a provision for construction of ramps and the vehicles should be driven at speeds not more than 10-15 kms/hour to avoid injuries to the animals, being transported.Doctors to treat stray cattleThe Government Veterinary Officers/Doctors throughout the State of Uttarakhand are directed to treat all the stray cattle. The Executive Officers of the Municipal Bodies, Nagar Panchayats and all the Gram Panchayats are directed to ensure that the stray cattle suffering from any injury or disease are got treated from the Veterinary Hospitals in their respective jurisdictions. 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 them. No Government Veterinary Officer/Doctor shall refuse to treat stray cattle brought before him by the authorities or any enlightened citizen. Every citizen has a right to bring to the notice of the Veterinary Officer/Doctor throughout the State of Uttarakhand the location of the Cow or stray animal suffering from any disease or injury for its treatment.Construction of gaushalas All the Municipal Corporation, Municipal Bodies including Zila Parishads are directed to construct in their respective jurisdiction “gaushalas”/”gausadans” or shelters/homes for housing cow progeny and stray cattle within a period of one year from today. All the District Magistrates throughout State of Uttarakhand are directed to construct Gaushalas/Gausadans in a cluster of 25 villages throughout the State of Uttarakhand, within a period of one year from today. The “gaushalas’/gausadans’ or shelters should be constructed on scientific lines, taking into consideration the comfort of animals to be housed there. No commercial charges shall be levied for supplying the electricity and water connections in Gaushalas/Shelters. The State Government is directed to appoint infirmaries within a period of three weeks in order to treat and take care of the animals as per Section 35 of the...

Special Squad, Police Patrolling Every 24 Hours To Prevent Slaughter: Uttarakhand HC Issues Directions For “Welfare” of Cows & Other Stray Cattle [Read Judgment]

Apoorva Mandhani

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