LI Network
Published on:18 July 2023 at 11:20 IST
The Supreme Court refused to issue directions to prohibit the slaughter of cow progeny, asserting that the matter falls under the purview of the legislature.
The bench, comprising Justices Abhay S Oka and Sanjay Karol, stated that it is not within the court’s authority to compel the legislature to enact a law banning cow progeny slaughter.
The court’s observations came during the disposal of a batch of appeals challenging an August 2018 order by the National Green Tribunal (NGT), which had declined to issue a ban on the slaughter of milch cattle. In an application before the NGT, the appellant sought various directives, including the immediate conservation of critically endangered indigenous livestock species, the prevention of the decline of indigenous cattle breeds, and the regulation of cross-breeding with exotic breeds.
In its order on July 11, the Supreme Court acknowledged that the issue raised by the appellant is a matter for the competent legislature to decide. The court emphasized that even within the scope of writ jurisdiction, it cannot compel the legislature to enact specific legislation.
The NGT had examined the National Livestock Policy and relevant state laws and concluded that no specific directions were necessary in this regard. The Supreme Court had issued notices to state governments in 2019, and throughout the subsequent hearings, it became aware of the measures taken by various states on the issue.
The appellant argued that a ban on cow slaughter would benefit a significant portion of the Indian population. However, the Supreme Court did not find merit in this submission and upheld the NGT’s order. The court clarified that the petitioner can make appropriate representations to the concerned authorities regarding the necessary steps for protecting critically-endangered indigenous livestock species.
