Maintaining Goshalas Is An Executive Function, Expect State Govt To Provide Adequate Funds To Them: Telangana High Court

The Telangana High Court recently asked the state government to provide adequate funds to the goshalas through the State Animal Welfare Board by stressing that it is primarily the executive function of the State to look after and maintain goshalas.

The bench of Chief Justice Ujjal Bhuyan and Justice C. V. Bhaskar Reddy passed this order on a PIL plea filed by Bharatiya Prani Mitra Sangh seeking a direction to the state government to make provision for green grass, feed, and fodder besides medicines for the cows and other animals housed in the state goshalas and to allocate funds for the goshalas.

Filing a counter affidavit in the matter, the State Government informed the Court that there are about 136 goshalas in the State of Telangana housing 38,229 cattle. Insofar Hyderabad city is concerned, there are about 40 goshalas with approximately 25,000 cattle housed therein

It was further informed to the Court that the goshalas are normally established by any person, trust, board, NGO, etc, and are maintained by funds generated through donations, etc, and whenever the Government was approached, the Goshalas were provided veterinary aid for the treatment of cattle besides fodder, seed, etc.

It was also apprised to the HC that the State of Telangana is scrupulously following the provisions of the Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977, and the animal husbandry department of the State Government is providing essential services to the livestock including animals in goshalas.

Taking into account the submissions made by the state government and the mandate of Article 48 of the Constitution of India, the Court stressed that the state has a duty to maintain cows and calves which are generally housed in goshalas.

The Court also noted that the Government of Telangana had constituted the Telangana State Animal Welfare Board for a period of three years with effect from April 30, 2019, to support goshalas and other animal shelters functioning in the State and to advise them on the improvement of their activities.

However, the Court noted that the said three years have expired, and neither the State Animal Welfare Board had been reconstituted nor its term was extended. In view of this, the Court issued the following order to the state government:

- Either reconstitute Telangana State Animal Welfare Board or extend its constitution for such period as may be deemed necessary.

- Instead of leaving it to the Board to earn the funds for itself, the State should provide adequate financial assistance to the Board so that it can maintain, manage and look after the goshalas functioning in the State of Telangana.

- It is primarily the executive function of the State to look after and maintain goshalas, therefore, the State should provide adequate funds to the goshalas through Board.

Expressing its hope and trust that the State will do the needful in this regard, the Court PIL plea was disposed of.

Case title - Bharatiya Prani Mitra Sangh vs The State Of Telangana And Another [W.P.(PIL) No.105 of 2020]

Case Citation:

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