The Supreme Court addressed a plea of social and animal activist who sought for judicial intervention urging the government to pass an act for the protection of cows and cattle from Lumpy Skin Disease (LSD) and to formulate policies to address the LSD epidemic. In response to these contentions, the Supreme Court granted the petitioner the liberty to submit comprehensive representations on specific issues to the Union of India.
Facts of the Case:
The petitioner, a social and animal activist who is also a practicing advocate, filed a Writ Petition in the Court seeking directions to the Government of India to pass an act for the protection of cows and cattle from Lumpy Skin Disease (LSD). The petitioner urged the Court to issue directives for formulating policies to address the LSD epidemic and sought other remedies for the welfare of cows.
Contentions of the Parties:
The Union of India and the Animal Welfare Board of India, in their counter-affidavits, argued that the matter falls under the jurisdiction of the states. They maintained that guidelines and policy circulars have been issued, and substantial vaccination efforts have been made, with around 8.16 crore cattle vaccinated. The respondent states (Rajasthan, Maharashtra, Madhya Pradesh, Gujarat, Haryana, Punjab, and Delhi) explained the steps taken by them, including budget allocations, for preventing the spread of LSD among cattle.
Observations of the Court:
After reviewing the counter-affidavits, the Supreme Court observed that various measures had been implemented by the states, covering timely treatment, prevention of disease spread, vaccination, disinfection, health checkups, and the establishment of test laboratories and animal welfare boards. Satisfied with the actions taken by the states, the Court granted liberty to the petitioner to submit a comprehensive representation in this regard to the Union of India for taking an appropriate policy decision within a reasonable time:
- Formulation of policies for sustainable programs for indigenous cows as compared to cross breeds and exotic breeds.
- Usage of cow urine for its medicinal value and cow dung as a source for preparing organic manure.
- Proper implementation and coordination of Pashu Aadhar numerical database, similar to Aadhar cards for humans.
The Decision of the Court:
The Supreme Court decided to close the proceedings, leaving it open for the petitioner to approach the Central/State Governments in the future.
Case Title: Ashutosh Bansal vs. Union of India and Ors.
Coram: Hon'ble Mr. Justice Surya Kant and Hon'ble Mr. Justice Dipankar Datta
Case no.: Writ Petition (Civil) No(s). 872 of 2022
Advocates for the Petitioner: Petitioner-in-person, Mr. Arup Banerjee (AOR), Mr. Prakash Sharma (Adv.), Mr. Prakrati Raj (Adv.), Mr. Mohd. Naved (Adv.)
Advocates for the Respondents: Mr. Amrish Kumar (AOR) and Ors.
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