Auction Of Milch Cows With Calves Won't Amount To Abandoning/Cruelty Against Animals: Orissa High Court

The Orissa High Court recently observed that the auction of milch cows with calves does not amount to cruelty or abandoning the animals. 

The Bench of Justice Jaswant Singh and Justice S K Panigrahi was hearing a plea filed by Dhyaan Foundation, a registered trust engaged in the activity of rescue, care, treatment, and rehabilitation of animals under the provisions of Prevention of Cruelty to Animals Act, 1960.

In this instant plea, the Foundation challenged the auction notice for the sale of cattle (seven cows with calves) slated to be conducted on November 3, 2021, in the premises of Biju Pattanaik Open Air Ashram, Jamujhari (run and operated by the Department of Prisons under the aegis of Home Department.).

It was the case of the foundation that the cows would land in the hands of butchers for slaughtering and therefore, the auction be stopped.

However, the Court was of the view that the proposed auction of milch cows with calves, does not amount to cruelty or abandoning the animals so as to attract any penal provision of P.C. Act 1962 or the Orissa Prevention of Cow Slaughter Act, 1960.

The Court further observed thus:

"We are given to understand that in the State of Odisha slaughtering of cows is not permitted. The mere apprehension of the petitioner-Trust that such animals or cows would land in the hands of butchers for slaughtering is not enough to persuade us to invoke our writ jurisdiction. Any such recourse would be amounting to conducting roving and fishing inquiry, which is not permissible in law."

However, before parting with the order, the Court did express a hope that the official authorities conducting the auction would be totally alive to the safety and welfare of the animals.

Case title - Dhyaan Foundation v. State of Odisha and others

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