"Everything Is On Paper": Karnataka High Court Directs State To Take Prompt Steps For Establishment Of 'Goshalas' For Stray Animals

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar was informed by the government that it has identified lands and allocated money for establishing goshalas in each district. A compliance report was submitted to the court.

The bench on going through the report said, "Land is identified and even money has been allocated, but in actual there is nothing, neither there is a goshala established nor any effort is being made to establish goshalas. Everything is on paper."

Following which the court in its order said, "AGA submits that lands have been identified for the purpose of establishing goshala in each district in the State of Karnataka and money has been allocated. However, no material is shown as to whether goshala has been established in any of the districts as stated in the said document."

It added,

"We are not satisfied with the details given in the compliance affidavit or document given, as regards to steps being taken by the state government to establish goshalas. Under these circumstances we direct the state government to take appropriate steps to establish goshalas in the lands identified in the document produced as Annexure R2 and file status report in this regard by the next date of hearing."

On March 5, the government had informed the Court that it has issued a government order making provisions for establishment of Goshalas in each district. Following which the court had directed the government advocate to file a fresh affidavit bringing on record the government order as well as the plan for establishment of 'Goshala' in each district.

The bench gave the direction during the hearing of a petition filed by the High Court Legal Services Committee, in the year 2019. It has sought for a direction to the respondent to establish Goshalas in each Taluk. Further, to provide necessary fodder, water, shelter and health care in the Goshalas already existing and that would be established in the State of Karnataka. Though the relief was claimed in respect of Goshalas, in fact, the relief is for setting up cattle sheds and the relief is not confined only to the cows.

The plea relied on law laid down by the Apex Court in the case of Animal Welfare Board Of India vs A.Nagaraja and Others, wherein it was held that right to dignity and fair treatment is not only confined to human beings alone, but extends to animals as well.

The Apex Court had heavily relied upon Clause (g) of Article 51-A which lays down the fundamental duties of the citizens as well as the provisions of the Prevention of Cruelty to Animals Act, 1960. The matter will be next heard on March 28. The matter will be next heard on June 7.

Case Title: High Court Legal Services Committee v. State Of Karnataka

Case No: WP 18628/2019