Telangana High Court Directs State To Ensure That No Illegal Cow Slaughter Happens On Bakrid
|The Telangana High Court has directed the Chief Secretary and Director General of Police (DGP), Telangana State to ensure that the provisions of the Cow Slaughter and Animal Preservation Act, 1977 are strictly followed and implemented during the Bakrid festival.
The order has been passed in a PIL registered suo moto.
The Bench of Chief Justice Ujjal Bhuyan and Justice N Tukaramji registered suo motu PIL based on a letter written by K. Shiva Kumar, Chairman of Yuga Tulsi Foundation regarding the alleged illegal sacrifice of cows during the Bakrid festival.
The Bench said, “In the circumstances, we direct the Chief Secretary to the Government of Telangana as well as the Director General of Police, Telangana State to ensure that provisions of the Act including Sections 5 and 6 thereof are strictly followed and implemented. … Director General of Police, Telangana State shall also ensure that law and order is maintained in the city as well as in the State.”
The Bench further observed that it is for the community elders to ensure that all festivals are celebrated in the true spirit embracing people from all faiths and communities thereby spreading the message of peace and brotherhood.
A letter was addressed to the Chief Justice of Telangana High Court saying that during the Bakrid festival (scheduled on June 29, 2023), a large number of cows will be sacrificed in an illegal and cruel manner hurting the religious sentiments of the majority community since cow is revered by the majority community. However, the said letter did not disclose whether K. Shiva Kumar or his organisation had ventilated their grievance before any authority or whether any representation was filed before any authority but not attended to. The letter also did not disclose whether Shiva Kumar had written any such letter to the High Court on an earlier occasion, as per the order.
The High Court in the above context noted, “The festival to be celebrated is not a sudden event, but known well in advance. Writing letter to the Chief Justice on such an emotive issue at the eleventh hour, that too, without approaching any authority at the first instance cannot be appreciated.”
However, the Court took up the matter on the ground that the issue raised in the letter had serious ramifications and had the potential to impair inter-community relationships.
The Advocate General placed before the Court, a copy of the letter dated June 28, 2023, received by his office from the Director, Veterinary and Animal Husbandry Department, who is also the Member Convener of Telangana State Animal Welfare Board calling upon the Collectors and District Magistrates of all districts, who are the Chairmen of the respective District Society for Prevention of Cruelty to Animals, to prepare an effective action plan to ensure that there is no illegal killing of animals and to implement the provisions of the Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977 besides other enactments.
“… it is stated that police department has established special check posts, cattle holding ponds etc., as measures to prevent illegal transportation of animals especially cows and calfs and to curtail law and order problems; Veterinary and Animal Husbandry Department has deputed veterinarians to coordinate with police officials and that the identified check posts would be manned round the clock; Veterinary and Animal Husbandry Department is taking all necessary steps to control illegal slaughter of cows, calfs and other animals during the festival”, the Court noted.
For giving effect to the policy of the State and for securing the principles in Article 48 of the Constitution of India, the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 was enacted and after creation of the Telangana State, the said Act was adopted and is now known as the Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977.
“We hope and trust that all the officials will discharge their assigned duties sincerely and faithfully. … As per Section 8 of the Act, no animal in respect of which a certificate has been granted under Section 6 of the Act shall be slaughtered in any place other than a place specified by the authority or officer as the Government may appoint in this behalf”, said the Court.
The Court also observed that as per Section 11 of the aforesaid Act, offences under the same are cognizable in nature.
“At this stage, we say only this and no further. … Chief Secretary to the Government of Telangana and Director General of Police, Telangana State shall submit a detailed report after a month”, directed the Court.
Accordingly, the Court listed the matter on August 2, 2023.
Cause Title- Suo Motu W.P.(PIL) No. 5 Of 2023