The Division Bench of the Telangana High Court, comprising Chief Justice Ujjawal Bhuyan and Justice C V Bhaskar Reddy in the case of Bharatiya Prani Mitra Sangh vs The State Of Telangana And Another & Anr has directed the State Government to provide adequate fund for taking care of goshalas in the state of Telangana.
Factual Background
This PIL was filed when COVID-19 pandemic was in full force affecting the lives of one and all. In such a crisis situation and having regard to the distress conditions of the cows housed in the goshalas, the present writ petition came to be filed.
Submission of the Petitioner
The Counsel on the behalf of the petitioner submitted to seek a direction to the respondents to make provision for green grass, feed and fodder besides medicines for the cows and other animals housed in goshalas located in the State of Telangana.
Submission of the Respondent
The Counsel appearing on the behalf of the respondent filed counter affidavit that a goshala is normally established by any person or by a trust or by a board or by a temple or by a society as a non-profitable organization to provide shelter to street cattle, old and infirm cattle etc. These goshalas are maintained by funds generated through donations etc.
He further submitted that during the lock down on account of COVID-19 pandemic, a special control room was established in the office of the Director General of Police to monitor the situation. It was noticed that there was no interruption in the supply of fodder and feed to the livestock in the State.
Court Reasoning & Judgment
The Court perused the facts of the case and after due consideration, The Court mentioned two important Articles of the Indian Constitution. First is Article 48 which entails that the State shall endeavour to organize agriculture and animal husbandry on modern and scientific methods and shall in particular take steps for preserving and improving the breeds of cattle and prohibiting the slaughter of cows and calves as well as other milch and draught cattle.
Second is Article 51A which is to not only protect and improve natural environment including forests, lakes, rivers and wildlife but, also to have compassion for living creatures. The Court also scrutinise Section 17 of Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977 which deals with Establishment of institutions for taking care of cows or other animals.
The Court observed that duty is cast upon the Government which means the State Government to establish or to direct any local authority or society registered under the law relating to registration of societies or any association or body of persons to establish institutions at such places as may be deemed necessary for taking care of cows or other animals sent thereto.
The Court further held that “Having regard to the constitutional objective and the statutory mandate, we are of the view that State of Telangana should either reconstitute Telangana State Animal Welfare Board or extend its constitution for such period as may be deemed necessary.” The Court was of the view that the State should provide adequate financial assistance to the Telangana State Animal Welfare Board so that it can maintain, manage and look after the goshalas functioning in the State of Telangana.
At last, the Court concluded by directing the State to provide certain amount of financial assistance to the goshalas, we are however of the view that it is primarily the executive function of the State to look after and maintain goshalas but having regard to the concern expressed by the petitioner and for the reasons mentioned hereinabove, we are of the view that State should provide adequate funds to the goshalas through the Telangana State Animal Welfare Board.
Therefore, The court disposed of the PIL without any cost.
Case Details
Case:- W.P.(PIL) No.105 of 2020
Petitioner:- Bharatiya Prani Mitra Sangh
Respondent:- The State Of Telangana And Another & Anr
Counsel for the Petitioner - G.L.Narasimha Rao
Counsel for the Respondent - Ms. A.Sunitha
Judge: Chief Justice Ujjawal Bhuyan and Justice C V Bhaskar Reddy
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