Partly allowed

Bharatiya Prani Mitra Sangh v. The State of Telangana and Another

Telangana HC6 Dec 2022WP(PIL)/105/2020

Case brief

AI extract

What is this about?

Public Interest Litigation filed by an animal welfare association challenging the inaction of the Telangana Government in providing funds to animal shelters (goshalas) during the COVID-19 pandemic. The Court observed the constitutional mandate under Articles 48 and 51A(g) regarding cattle protection.

What did the court decide?

Directed the State to reconstitute or extend the State Animal Welfare Board and provide adequate funds to the Board for maintaining goshalas.

Bharatiya Prani Mitra Sangh Vs The State… — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY,THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION^(PlL) NO: 105 OF 2020

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Between:

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Bharatiya Prani Mrtra San3h, Regd. No 4610 of^'1999 having office at 3-3-869,2"" floor. Kshatnya Rajput Sabha Building, Kutbiguda, Hyderabad, Represented by its President Sri CA.Jasraj Shrishrimal S/o. Roopchand, Age 70 Years, Occ Advocate, E. No.AP/2467l1993, R/o. H. No. 15-1-503/C/10 Ashok I/arket, Feelkhana, Hyderabad, Telangana -500 012.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Chief Secretary, Secretariat building, Secretariat, Hyderabad, Telangana- 500022.

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2 The State of Telangana, Rep by its Principal Secretary, (Animal Husbandry and Fisheries Department) Secretariat, Hyderabad-500022-

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...RESFONDENTS

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Petition under Article 226 of the Constatution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ. Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents in allocating the funds in the annual budget or special budget to protect the interest of dumb, innocent, speechless, neglected, uncared for, severely injured, suffering from inhuman torture, kicking and beating and cruelties on cows and other animals is illegal arbitrary and u nconstitutiona I violating / depriving the Article 48, 48-A and 51 A(g) of constitution of India consequently 1) to direct the respondenV government to make provision for green grass, feed and fodder and medicines for the cows and other animals maintained in the Gou-shalas located in the State of Telangana during this pandemic or at least for a period of 6 months. 2) to direct the respondents/ government to immediately allot and grant funds for the gou-shalas based on number oi animals and their requirements per day as norms fixed by the Animal Welfare Board of lndia without any further delay.

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lA NO: 1 OF 2O2O

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Petition unc 3r Section 151 CPC praying that in the c rcrm:;tances stated in the affidavit file I rn support of the petition, the High Cour, nray be pleased to direct the respon( ents to immediately allot and grant funds {,lr tle gou-shalas based on number rf animals and their requirements per day v/ithout any further delay.

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Counsel for the P, titioner: SRI G.L NARASIMHA RAO Counsel for the R ,spondent No.'l: Ms. A. SUNITHA, AGP FCli THE ADDL ADVOCATE GE:NEFIAL Counsel for the R lspondent No.?: GP FOR ANIMAL HUSBA\lt)RY The Court made tl e following: ORDER

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THE HON'BLE THE CHIEFJUSTICE UJJAL BHI.IYAN AND

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THE HON'BLE SRIIUSTICE C.V.BI{ASKAR REDDY W.P.(PIL) No.105 of 2020

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ORDER, fP., /,, Hoa'hh the CiieJJwricc Ujjal Bbgan)

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I-lcard Mr. G.L.Narasimha Rao learned counscl for thc

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petitioner and Ms. A.Sunitha, learned Assistant Gove rnment Plcader attached to the ofltce of the learned Additional Advocate C cneral rcprcsenting the respondents.

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2.^'l'his writ petition has been h-led asa l)ublic I ntcrc st Lirigation (PIL) seeking a direction to the respondents to make provision flor green gtass, feed and fodder besides mcdicincs ior thc cows and other animals housed in goshalas locatecl in thc State of 1'elangana. Further prayer made 1S for a dirccti<-rn to the respondcnts to aliocate funds for the goshalas har.ing rcgard to the number oI animals housed therein.

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'l'his PIL was frled when COVID-19 pandemic was i.n [ull lorce affecting the lives of one and all. In such a crisis siruarion and having regard to the distress conditions of the cows houscd in "the^{goshalas, the presentwrit petition came to be hled.}

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Respondt nts have filed countcr affidavit.

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In the co, Lnter-afhdavit filed bv Secretarv 1o the^rl 'ov:rnmcnt o[ Telangana, Animal Husbandry, Dairy l)evel,lrmt:nt and Fisheries Depa:tment, it is averred that n gosh a1e S rormally established by a r,v person or by a trlrst or by a boarC c,: by r tcmple or b1, a society as a non-profitable organization to P:',r vicl,: shclter to street cattle old and infirm cat,e etc.^'l-hcsr: llosl,alas afe maintained by unds generated through donalicrrs r:t Dr.ring the 1o.ck down on .ccouflt of COVID-19 pandenri,:, a s rt:cial control room was esta rlished in the officc o[ thc DLrcctor Grneral of Police to monit cr the situation. It was noticecl that rJ relt was no

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inteffuption irr he supply of fodder and fecd to thr: li.e sto:k in the State.

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The cou rter-affidavit discloses that thrrc arr, about 136 goshalas ir the State of T ebngana housing 38,12!) c rtrle. Insofar Hyderabad ciq is concerned, there are about 40 r3oshr,ias with approximately 25,000 catde housed thcrcin. \lihener.er management o^t the goshalas approached the Gor-t llmt:nt, they were provided /eterinary aid lor treatment of c:ttde t r:,.idc s lodder

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-t

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,{)

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sccd etc. That apart, State of Tclangana is scrupulously tollowing the provisions of Telangana Prohibition of Cow Slaughter and Animal Preservation Act, L917 . State Government had constituted State Animal Weifare Board aide G.O.Rt.No.146 datcd 02.12.2019 having both official and non-oFficial membcrs. State Animal Welfare Board met on 18.1,2.201,9 and thereafter on different occasions to discuss the issues pcrtaining to animal welfare including goshalas. State is planning to rcgulate goshalas by registering them at state level.

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An additional affidavit has also bcen [rlcd by the State wherein it is averred that animal husbandry departmcnt of the State Government is providing following services to thc livestock including animals in goshalas:

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a. Health Care; Health care scrviccs l-ike treatrnent of sick animals are being ptovided whcncver required.

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b. Breeding services: Art-ihcial Insemiaation Services, ptegnancy diagnosis and conducting fertility camps for treating vadous teptoductive disorders.

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c, Ptevendve health care: Providing prevendve scasonal vaccinations to contain bacterial and viral diseascs likc hemorthagic septicemia, black quarter, foot and nloutl disease, brucella r/e,

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d. Prov Cing fodder secd for iodder cultivatic,n :rnd chaff crrtters on subsidy for proper foddcr utilizatior and conservr tir:rn on pat with thc farmers. e. Provi lng door step health carc scn iccs duough lli:,bile Yeterina :y Cljncs Q,I\zC) estab)ished by Goverrunent du.Cugh toll ftee nct.7962 and one exclusive vehicle is put into r,cnice for fteat ng rhc animais of Caushalas in and arorrnd Hyd :r, bad city rvhe 'e more number of Goshalas are located. f. Emer; ency hcalth carc serwices are berng ptorided b,, iocal vets and through Mobilc Ve tcrinary Cl.inics.

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For the f nanciai yc r 2021-2022, anntal budget ':,f the animai husbandry dep -rtrrrent was Rs.1 74.85 crores. /\ majr>r portion of the budget wa r earmarked fcrr mill< producers, out of which a substantial por Lon^-was carmarkcd lor providing vetelir arJ services to the catde brccdcrs including goshalas. That :lpart, State Governmcnt h Ls cmbarked upon awareness campailll fc,t anknal \relfarc.

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Finally, i - rs mentroned that requirement ,tf r:;ach State i.s different and al ocalion of budgetag, pro.isions in on: lltat e canflot p compared \r, th that of anothcr. Nonetheless, State^()overnment has assured th.t rt will considcr thc request of the .o;osh.alas and support them i:.^('very possible manncr.

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Submissions made by le arned counsel for the parties arc on pleaded lines.^'fherefore, a detailed reference to the submissions is not necessary. However, those have received the due consideration of the Court

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11,. Articlc 48 of thc Constitution of India, which is a directive principlc o[ state policy, mandates that the State shal] endeavour to on modern and orgaoize agiculturc and animal husbandry scientific mcthods ar.rd shall in particuiar take steps for preserving and improving thc brecds of catdc and prohibiting the slaughter of cows and calvcs as rvell as other milch and draught catde.

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From thc abovc, it is evidcnt that it is a constitutional mandate of evcry State to take steps lor preserving and improving the breeds of cattle and lor prohibiting slaughter of cows and calves. Needlcss to say that corollary to the above^{mandate is the} need for maintaining corvs and calves which are generally^{housed in} goshalas.

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At this stagc, we may mention that it^{is also the fundamental} duty o[ evcry citizcn of India under Article 51A of the^Constitution

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of India to nc: only protect and improve n:Ltural environmcnt including i<rrcs.s. lakes, rivers and wildlife l>ut, r -.o to havc compassion for lir.ing crearures

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Insolar^'I :ltngana Prohibition of Cow Slaughte r anci Anir.nal Presen,atir>n A<r, 1977 (briefly 'the Act' hereinafter) is ::n<erncd, it is an Act to pr:c ,.ide for the prohibition of slaughter o[ <:ou's,, cah,es of cc,rvs, calve: of shc-buffaloes and for prcscrvati:,n of ccrtain othcr anirnals suitable for milch breeding r>r for ag':icultural purposcs in t re Statc. Section 17 of the Acr dells rvith estabLshnrcnt^, rf insdrutions for taking care o[ c(),s ]r^()thcr' animals Scctio r I 7 reads as under:

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E,stabl shment of institutions for taking care ol cowsorotheranimals:-

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(1)^'fhe Govemment may establish, ot clitecl an1, local authority or society tegistered ur Lder the law relating to the registtation of so:ieties for the ume being in fotce in the state, or any association or body of persons, to esrablish institutions at such places as may be d,:,:rned necessary for taking care of corvs or ,:rhcr animals sent theteto.

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(2) The Government may provide^'uye-ru rrs for the proper management of such instituuons for

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the care of cows or othff animals that may be admitted therein. (3) The Govetnmeng ot subject to the previous sanctjon of the Government, the local authority, society ot body of persons or association establishing an, institution under sub-section (1), may levy such fees as may be prescribed for the maintenance of such insdrutions.

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Iirom the above, we find that as per sub section (1), dury is cast uPon thc Government v/hich means the State Government to cstablish or to dircct any local authority or society registcrcd undcr thc larv relating to registration of societies or anv associauon or body o I persons to establish institutions at such places as may bc deemcd necessary for taking care of cows or other animals scnt thereto. Sub-section (2) says that the Government may providc for bvc-larvs [or the proper management of such lnsIrut1ons. Sub-scction (3) cnables the Govemmeflt to le\T such fces as may bc prescribcd lor the maintenance of such institutions.

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Gor.crnmcnt of Telangana had issued G.O.Rt.No.146 /durd 02.12.2019 constituting the Telangana State Animal Wclfare lBoard flor a period of three years rnrith effect from 30.04.2019

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\ a

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whrch is head:d by the Ministcr for Animal Flusirand:1', Dain Der.elopment .nd Fisheries Department. Chie f Se:r,:tal.,' to the Governmcnt o^"felangana is also a membcr ol thc^-f :l;rnglna State Aninral W'elfar : Board with Dircctor of Vctc rinar-' rnc Anirnal llusbandrv bei rg member convcncr. It also had sertn unofficial members inclu ling representatives from scvcral gos rzrlas. As pcr the annexure lppended to the aforesaid^(](), Telangana State Animal Welfa e Board has been mandated rmonzst^(,thcrs to support goshal us and other animal shelters lunc rionirr.: in tl-re Statc ancl to edr.ise t lem on improvement of their activrtie i. It has bccn clarified that t 1e funds of the^'l'clangana State Arri,nal )Tclfarc Board shall co rsist of contributlons, donatrons, beq re'st, qifts and the iike mad : to it by local authorin' ot by ar \t other person /organi; ation.

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G.O.RI.I io.146 dated 02.12.2019 had a valicliw oF threc ycars w.e.l. 30.04.20 9. Nothing has becn placcd b,:l'orc, u, tr indicate that^'fclangan . State Animal Wclfarc lirarrl has eitlLer been feconstifuted⁽ t tefm of the earlicr ltoartl has br:r,n :xtended bc1'ond the init a1 period of three ycars rv.c. t-. 30.i)4.201!..

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Having regatd to the constitutional objcctive and the starutory mandate, we are of the view that State of Telangana should either reconstitute Telangana State Animal Wellare Board or extend its constitution for such pcriod as may be decmed flecessary. That apart, instead of leaving it to thc State Animal )7cl[arc Board to earn the funds for itsclf, we are of the vrerv that the State should provide adequate financial assistance to thc^'felangana State Animai \X/elfare Board so that it can maintain, manage and krok alter the goshalas functioning in the State ol'I'clangana.

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While leatned counsel for the petitioncr has drawn the attention of the Court to orders passed by the Punjab and Haryata ) High Court directing the State to provide ccrtain amount of financial assistance to the goshalas, we are howevcr o[ the view that it is primarily the execurive function of the State to look after and maintain goshalas but having regard to thc concern cxpressed by the petitioner and for the reasons mentioncd hercinabovc, we are of the view that State should provide adequatc [unds to the goshalas through the Telangana State Animal Wclfarc Board. We hoBe and ftust the State will do the needful in this regard.

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We rvou d l-ike to placc^{on rccord our appret::-atiotl for the} effots put in^{by IvIr. G.L.Narsimha Rao, learnedc''|r.tflselfor the} PIL petitioner br bringing^{this issr:e to the notice o[ r l concerned.}

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With thc above^{observation and direction,the W.P.(PL) is}

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disposcci of. N^{I cos ts.}

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As a seq re L, miscellancous^{pctitions, pending rf any,stand}

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closcd.

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STY.M.MANJULA DE:lt)UTY REGISTRAR //TRUE COPY// (t> SEC'NON OFFICER

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To,

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The Chief S rcretary, Secret.rriat building, Secretariat. St.rte of Telangana, Hyderabad, Ielangana- 500022

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The Princip: I Secretary, (Animal Husbandry and Fisherae; Department) Secretanat, itate of Telangana, Hyderabad-500022.

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One CC to^{I ;Rl} G.L NARASIIVIHA RAO Advocate [OPUCI

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Two CCs to \DDITIONAL ADVOCATE GENERAL, High t)ourt tbr the State of Telangana [(^)UT]

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Two CCs to iP FOR ANIMAL HUSBANDRY, High Court br the State of Tetangana [(^,UT] 6. Two CD Cop es KKS BS

6SK

{^I

HIGH COUlIT

DATED:061 i?.12022

ORDER

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WP(PIL),No 105 of 2020

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DrsPosrNG oF THE WRIT PETTTION(Pil.) WITHOUT C OSTS

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Bharatiya Prani Mitra Sangh v. The State of Telangana and Another

Case brief

What is this about?

What did the court decide?

Bharatiya Prani Mitra Sangh v. The State of Telangana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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