Delhi High Court Orders Action Against Use Of Oxytocin In Dairy Colonies, Directs Police Investigation

The Delhi High Court has ordered action against the use of spurious Oxytocin hormone in dairy colonies in the national capital and directed that the cases registered be investigated by jurisdictional police stations.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that administering Oxytocin amounts to animal cruelty and is a cognizable offence under Section 12 of the Prevention of Cruelty to Animals Act, 1960.

“…consequently, this Court directs the Department of Drugs Control, GNCTD to conduct weekly inspections and ensure that all cases of spurious Oxytocin usage or possession are registered under Section 12 of The Prevention of Cruelty to Animals Act, 1960 and Section 18(a) of the Drugs and Cosmetics Act, 1940,” the court said.

It directed the Intelligence Department of the Delhi Police to identify the sources of Oxytocin production, packaging and distribution and take action in accordance with law.

The bench 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 the dairies in the national capital 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.

Though the Court Commissioner, Advocate Gauri Puri, told the court that the condition in all the nine designated dairy colonies in Delhi is bad, yet the court said that there is an urgent need to rehabilitate and relocate the Ghazipur Dairy and Bhalaswa Dairy forthwith as they are located next to the Sanitary Landfill Sites.

The bench said that the cattle in the dairies situated next to the landfill sites would feed on hazardous waste and their milk if consumed by humans, particularly children could have serious consequences.

“Keeping in view the apprehension that dairies next to the landfill sites can cause illness and public health hazards, this Court is prima facie of the view that these dairies need to be relocated forthwith,” the court said.

However, before issuing any binding direction, the court said that it would like to hear from the concerned officials as to how the directions should be implemented.

Accordingly, the court directed the Commissioner (MCD), Director of Veterinary (MCD), Chief Secretary (GNCTD), CEO (DUSIB) and CEO (FSSAI) to join the proceedings on May 08.

“The Officials shall explore the possibility of availability of land where the dairies could be rehabilitated and relocated. The Chief Secretary shall also hold a prior meeting with the relevant Officials before appearing before this Court,” the court said.

Counsel for Petitioners: Mr. Vivek Sibal, Sr.Advocate with Ms.Smriti Sinha, Ms.Esha Dutta, Ms.Shaalini Agrawal, Ms.Shriyanshi Pathak, Advocates

Counsel for Respondents: Mr.Nipun Katyal, Advocate with Ms. Anam Siddiqui and Mr.Naved Ahmed, Advocates for R-1 to 3 and 7; Mr.Rakesh Chaudhary, Advocate with Mr. Sushaar Chaudhary, Advocate for R-4/FSSAI; Mr.Rajat Sharma, Advocate with Ms.Nalin Hingorani, Advocate for Mr.Biraja Mahapatra, Advocate for R-5/DPCC; Mr.Manu Chaturvedi, Standing Counsel for R-6/MCD; Ms.Gauri Puri, Court Commissioner; Mr.Parvinder Chauhan, Standing Counsel for DUSIB

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

Citation: 2024 LiveLaw (Del) 538

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