States Have Taken Steps To Protect Indigenous Cows, Court Cannot Compel Legislature To Ban Cow Slaughter: Supreme Court
The Supreme Court while dealing with an Appeal challenging the order of the National Green Tribunal (NGT) has said that the Court cannot compel the legislature to enact a particular legislation and that the State has already responded through affidavit about the various steps taken for protection of indigenous cows.
The NGT had refused to issue any directions to the State as steps had already been taken by the State Government which even led to an increase in the cow population.
A two-Judge Bench comprising Justice Abhay S. Oka and Justice Sanjay Karol said in the order,“... what remains is the prayer made by the appellant regarding prohibiting slaughter of cow progeny. We may observe that this is something which is for the competent legislature to decide. Even in writ jurisdiction, this Court cannot compel legislature to come out with a particular legislation. Ultimately, it is for the appellant to persuade the legislature.”
Mathala Chandrapati Rao, the Appellant, appeared in person while Solicitor General Tushar Mehta, ASG K.M Nataraj, Senior Advocate Manish Singhvi and others appeared for the Respondents.
The Appellant made an application before the NGT seeking direction to the State to take appropriate measures to protect endangered species of livestock. Further, the Appellant had prayed for the State to implement Rashtriya Gokul Mission and take preventive steps to contain the decline of indigenous breeds.
The NGT in its order stated that various states have their own anti-slaughtering laws. Further, none of the States are opposing the idea of protecting the indigenous cows. Based on the above observations, the NGT felt that no further directions were required. The Appellant approached the Supreme Court challenging the order by the NGT.
The Court agreed with the findings of the NGT in so far as the steps taken by the State to protect indigenous breeds and prevent the slaughtering of cows. The only issue that remained before the Apex Court was a law prohibiting slaughter of cow progeny.
Accordingly, the Supreme Court disposed of the Appeal.
Cause Title: Mathala Chandrapati Rao v. Union of India & Ors.
