We Let Bovines Roam About, But Get Offended If Someone 'Secures A Full Stomach' With Them: SC

New Delhi: In an unusual judgment on Friday, the Supreme Court ruminated on what it described as "the country’s uneasy paradox with its bovine population". While hearing an appeal challenging a Punjab and Haryana High Court order that set aside a compensation for a victim who was hit by a stray bull on the road, the two-judge bench said while in India, bovines are revered in principle, they are neglected in practice.

Commenting on accidents due to stray animals on roads, it went on to direct the Centre and state governments to develop a mechanism for compensation payment in such cases.

The bench, comprising justices Sanjay Karol and N Kotiswar Singh, said "perhaps it is a feature of this flawed world that on the one end, we let them (cattle) roam about without caring for their safety, and, on the other, find it deeply offensive if an individual uses them to secure a full stomach for himself or his family".

“There is a clear distinction between pets and other animals. Most of these animals that end up roaming on the streets/roads/national highways are of the latter kind, i.e., animals reared for a particular purpose. Once that purpose is achieved, or the output of the animal towards that purpose gets reduced, they are let go," said the bench.

The justices noted that bovines, cows, bulls, and other animals are indispensable features, not just of the economy, but to the overall village environment and the development of all living beings, especially humans. “Right from the inception of our constitutional republic, this reality has been given due recognition. Article 48 of the Constitution of India implores us to organise agriculture and animal husbandry on modern methods, and to prevent the slaughter of cows and calves,” they noted.

The bench said granted that the present case and other cases of motor accidents are not ‘slaughter’ within the literal sense of the term, but the end result is that either they or humans lose their lives and hence, it is a serious problem that calls for attention. “After all, they are not meant to be natural speed breakers, placed willy-nilly on the national highways, roads and streets”, it said.

The bench said under the Constitution, it is not only the state who has a duty towards the animals, but each and every citizen of the country is called upon to have compassion for all living beings.

“This has been termed a fundamental duty under Part IV-A of the Constitution, which may stricto sensu be not enforceable, but since it is part of the Constitution, the guiding light of the country, they need to be implemented," it said.

The Apex court made these observations while issuing a slew of directions and said owners of these animals should be held responsible and ensure that they return to their specified dwellings at the end of each day.

"All states that have enacted their own laws pertaining to cattle should take steps to ensure complete and immediate implementation thereof in letter and spirit. Necessary amendments may be carried out or rules promulgated, as is deemed fit by the competent authority, to develop a mechanism for payment of compensation in accidents caused as a result of bovine/cattle, in both categories of cases, i.e., pedestrian or vehicular," the bench said.

The justices also said tagging all animals should be mandated, as it furthers the ability to track them, ensuring their long-term health service, linking to veterinary check-ups, and vaccinations.

"The reality of animals being let go after they cease to serve a useful, economic purpose cannot be denied. The owners choosing to make such a decision should be held responsible and ensure safe transfer of such animals to the shelters run by the appropriate authority," it said.

The bench said the authorities at such shelters should issue a receipt acknowledging such transfer and cause the details of such animal to be entered/ altered in the database of tagging.

The bench said that to ensure tagging, digitisation of records and smooth running of these shelters is duly undertaken, the authorities may depute a particular officer in every corporation/department who shall be the nodal officer for such purpose.

The bench said copy of this judgment be sent to all the chief secretaries of the states: administrators of all the Union Territories and Member Secretary of the State Legal Services Authority for taking appropriate action.

The bench issued directions while hearing an appeal filed by a woman challenging an order of the Punjab and Haryana High Court which set aside Rs 29.32 lakh compensation to her. The woman's husband was hit by a stray bull while walking on the road and sustained a head injury leading to his death.

The woman after her husband’s death filed a petition before the high court seeking adequate compensation. The single-judge bench awarded compensation by applying the principles governing the grant of compensation under the Motor Vehicles Act, 1988, based on the income of the deceased/ claimants, age and other relevant factors. However, the division bench quashed the order of the single-judge bench. “Considering the long time that this matter has been pending and the severe injury with which the deceased lived prior to his passing, we deem it appropriate to award a lump sum of Rs.15 lakhs. The amount to be remitted within four weeks," said the Apex court.

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