'Affects Public Health, Also Extreme Cruelty To Animals': Delhi High Court Laments State's Lack Of Will To Regulate Dairies

The Delhi High Court has recently observed that there is a lack of will in the State functionaries to stop the rampant violation of laws by the dairy owners in the nine dairy colonies in the national capital.

“These violations not only affect the public health of the citizens and residents who are consuming the milk being produced in these dairies but are also wrapped in extreme cruelty to the animals housed in these dairies,” a division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said.

The court was dealing with a plea alleging that dairy colonies in Delhi are violating various laws which are to be enforced by the government authorities. The petition has been filed by Sunayana Sibal, Asher Jessudoss and Akshita Kukreja.

The bench observed that there was an “abject dereliction of duties” by Delhi Government's Animal Husbandry Unit in the existing unlawful status of the dairies.

“This Unit of GNCTD has, prima facie, not only failed in discharging its primary function under the Rules of 1978 of granting and regulating the licences to these dairies but it has also failed to provide for functional and stocked Veterinary Hospitals in these nine dairy colonies,” the court said, noting that it was unable to fathom the state of affairs in the illegal dairies.

Earlier, the court had asked the officials, including Delhi Government's Chief Secretary, to explore the possibility of availability of land where Ghazipur and Bhalaswa dairies could be rehabilitated and relocated.

In its order passed on May 27, the court observed that the State's lack of will to shift Ghazipur and Bhalswa Dairy colonies to an alternate site despite its proximity to the sanitary landfills and undeniable adverse effect on public health, shows that the decisions were being taken by the administration for considerations other than relevant and germane to public health.

“It also appears to this Court that alternate land within Delhi or outside would be required for shifting the Ghazipur and Bhalswa dairies, and therefore, it may be necessary to have the presence of Ministry of Housing and Urban Affairs, Government of India through its Secretary,” the court said.

Accordingly, the court impleaded Drugs Controller General of India, Central Drugs Standard Control Organization, Ministry of Health and Family Welfare, Ministry of Fisheries and Ministry of Housing and Urban Affairs in the matter.

The matter will now be heard on July 12.

Last month, the court issued a slew of directions for maintaining hygiene in dairies to ensure medical care of cattle kept therein and for use of spurious oxytocin.

It had observed that the dairies should be relocated to areas where there is proper sewage, drainage, biogas plant, ample open space for the cattle to move around and enough grazing area.

Title: SUNAYANA SIBAL & ORS. v. GOVERNMENT OF NCT OF DELHI & ORS.

Click here to read order