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The Legal Affair

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The Legal Affair

Let's talk Law

Supreme Court Rejects Directive Banning Killing of Cattle Offspring, Deems Legislation Needed

Supreme Court Rejects Directive Banning Killing of Cattle Offspring, Deems Legislation Needed

Factual Matrix 

In the case of Mathala Chandrapati Rao vs Union of India and Ors. a group of appeals against a decision made by the National Green Tribunal to not order the killing of milch cattle. A prohibition on cow slaughter, according to the appellant, will benefit a sizable portion of India’s population.

The appellant submitted a petition to the NGT asking for prompt action to protect and preserve critically endangered indigenous livestock species, stop the decline of these breeds, effectively carry out the Rashtriya Gokul Mission, control interbreeding and breeding with exotic breeds, stop the slaughter of dairy cattle, and carry out research on increasing milk yield without reintroducing interbreeding. Additionally, the appellant encouraged the defendants to reduce the danger of contracting diseases and to protect native livestock. The NGT had determined that no particular instructions needed to be provided in the situation after considering the National Livestock Policy as well as numerous State regulations. Aggrieved by the NGT order present appeal had been filled before the supreme court to set aside the NGT order 

Apex Court Decision 

Supreme Court A divisional bench comprising Justices Abhay S. Oka and Sanjay Karol declined to issue directives to forbid the killing of cow offspring, claiming that the legislature should be in charge of that matter. The divisional bench also stated it cannot compel the legislature to draught a bill banning such slaughter.

The top court had given notice to the State governments in 2019 regarding an appeal against the same, and during hearings since then, it has learned about the actions that different States had made with regard to the matter. Such a claim was rejected by the supreme court, which maintained the NGT judgement. The Court made it clear that the petitioner might contact the appropriate parties to request that they take the required action to safeguard severely endangered indigenous livestock species.

CASE NAME – Mathala Chandrapati Rao vs Union of India and Ors. Civil Appeal No.5826-5827/2019