Menace Of Stray Cattle Leading To Injuries & Accidents In Urban Areas: Punjab & Haryana HC Directs State To Ensure Proper Sensitivity In Picking Stray Cattle
The Punjab and Haryana High Court directed the State Government to ensure 'proper sensitivity' in picking up the stray cattle and taking them to ‘Gowshalas.’
These directions were issued noticing the heavy traffic in urban areas, where stray cattle, both moving and stationary, have caused injuries and accidents, sometimes proving fatal to drivers and pedestrians. Noting the menace of stray cattle, the Court stated that the cattle often engaged in fighting among themselves, injuring pedestrians.
A Division Bench of Acting Chief Justice G.S. Sandhawalia and Justice Vikas Bahl observed, “The State shall ensure that the said exercise is done with proper sensitivity as it is to be noticed that on account of heavy vehicular traffic flow in urban areas, the menace of stray cattle, whether moving or stationary, can lead to injuries being sustained and accidents occurring which sometimes prove fatal to the person driving or travelling on foot also since in various cases, it has come to the notice that stray cattle sometimes while engaged in fighting amongst themselves, also cause injuries as such to pedestrians also.”
Advocate Sunaina appeared for the petitioner, while Addl. SC Parminder Singh Kanwar represented the respondent.
A Public Interest Litigation (PIL) was filed under Article 226 of the Constitution to ensure the construction of cattle pounds with all the requisite infrastructure in the State of Punjab for confining the stray animals including stray cows/bulls and to make arrangements for looking after such stray animals so that the innocent citizens are not hit in everyday life.
According to the instructions issued by the Government of Punjab, Animal Husbandry, Fishery, and Dairy Development Department in 2014, each district was required to form a District Animal Husbandry Society under the Deputy Commissioner's chairmanship. The society was constituted for the management of the cattle pounds. The Deputy Secretary to the Government of Punjab's status report indicated that Urban Local Bodies controlled the task of catching and managing stray animals.
The Court took note of the measures in place, including financial assistance to private Gaushalas and the by-laws introduced in 2020 for the control of stray animals and compensation for victims of animal attacks.
The Bench stated that once the Rules and By-laws had been made applicable in the urban areas, the relief sought by the petitioner was “reasonably redressed” by the State of Punjab and, therefore, the purpose of filing the PIL was also fulfilled.
“We are sanguine that the State of Punjab and the Authorities, Incharge of the Urban Local Bodies as such will ensure that the By-laws are strictly adhered to and due compliance is done and an exercise of picking up the stray cattle is done from all urban areas and taking them to the respective Gowshalas which are available in the neighbourhood,” the Court remarked.
Accordingly, the High Court disposed of the petition.
Cause Title: Jatinder Jain v. State of Haryana & Ors. (Neutral Citation: 2024:PHHC:082238-DB)
Appearance:
Petitioner: Advocates Sunaina, H.C. Arora, Sardavinder Goyal, Rohit Duggal and Ishan Gupta
Respondent: Addl. SC Parminder Singh Kanwar; Sr. DAG Salil Sabhlok; Addl. A.G. Naveen S. Bhardwaj; Advocate Gaurav Mohunta