Madras High Court Seeks State's Response On Plea To Colour Horns Of Stray Animals With Reflective Paint To Prevent Accidents

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy has ordered notice to the respondents - Ministry of Road Transport & Highways, Home Department, Municipal Administration Department, Rural Development & Panchayat Raj Department; Highways Department and the Tamil Nadu police.

In his plea, Adityan submits that stray cattle on roads have been causing dangerous accidents resulting in injury and death of both humans and cattle. He argues that due to urbanisation, the cattle in rural and semi urban areas are roaming near the National Highways and State Highways. He also pointed out the increasing menace of stray dogs and the accidents that follow.

In an attempt to reduce this menace, Adityan sought directions to all the Civic Bodies to relocate stray cattle from the roads to Gaushalas or institutions made for providing shelter to stray cattle as per the Cattle Trespass Act 1871. He further sought directions to the Civic bodies to ensure that a tag number is tied around the necks of the stray cattle indicative of the name and address of the persons to whom they belong. Thus, when such cattle are found on streets unattended, penal provisions can be initiated against such owners, he said.

Adityan also sought directions to tie Red colour reflective neck belts or tie Radium belts around the necks of stray cattle and dogs that roam around the National highways so that they are instantly visible and thus alert the driver and reduce accidents. He also suggested that the horns of the cattle be painted with red colour reflective paint. Further, reflective warning boards may be put in Highways in local language and English alerting the drivers.

He further submitted that the State had a duty to take care of the cattle. For this many States were establishing Gaushalas and Shelter houses for control of Stray Cattle. Further, the Prevention of Cruelty to Animals Act casts a duty upon every person not to inflict unnecessary pain and suffering on the animals. Even as per the Animal Birth Control (Dogs) Rules 2001, the civic body is expected to implement programs to control the dog population.

Citing examples of NGOs in Andhra Pradesh, Telangana and Madhya Pradesh conducting campaigns for stray animals in an attempt to reduce chances of accidents, he submitted that similar steps should be taken within Tamil Nadu also.

Case Title: B Ramkumar Adityan v. Principal Secretary and others

Case No: WP (MD) 3152 od 2023