Supreme Court Expresses Satisfaction With Measures Taken By Centre & States To Prevent Lumpy Skin Disease In Cows & Cattle

The Supreme Court recently closed a petition concerning the Lumpy Skin Disease (LSD) epidemic among cattle, deeming the measures taken by the Union and States satisfactory in preventing and addressing the outbreak.

Lumpy Skin Disease (LSD) is a viral disease that primarily affects cattle. It is caused by the Lumpy Skin Disease Virus (LSDV), a member of the poxvirus family. It is characterized by the formation of nodules on the skin and is primarily transmitted by mosquitoes and biting flies. The virus can be present in contaminated feed and water. As per media reports, over 75,000 cattle had succumbed to this disease after its outbreak in April 2022.

It is pertinent to note that earlier, the Supreme Court had issued notice on 31st Oct, 2022 to find out whether the Union of India has formulated a National Health Plan to prevent and cure the Lumpy Skin Disease Virus (LSDV) epidemic amongst the cows and other cattle.

Both the Union of India and the Animal Welfare Board of India, in their counter-affidavits, took the stand that the matter in issue falls within the ambit of the states.  They also stated they have issued guidelines and policy circulars from time to time, whereunder around 8.16 crore cattle have since been vaccinated. 

The States of Rajasthan, Maharashtra, Madhya Pradesh, Gujarat, Haryana, Punjab and Government of NCT of Delhi also filed their respective counter-affidavits, inter alia, explaining the steps taken by them.

Taking note of the affidavits filed by the Union and the States, the Court observed “It is apparent from the counter-affidavits that the budgetary allocation and the consequential expenditure incurred vary from state to state depending upon the total population of the cattle and the financial condition of that state. Various measures, however, have been taken by all the states…. In light of these steps, we are satisfied that these proceedings can be closed as of now while leaving it open for the petitioner(s) to approach the Central/State Governments as and when required to address any related issue(s).”

Further, the court granted liberty to the petitioner to approach the Union government to take a policy decision within a reasonable time on issues such as the formulation of policies for sustainable programs for indigenous cows, usage of cow urine for its medicinal value, and proper implementation of the Pashu Aadhar numerical database.

The Supreme Court bench comprising Justices Surya Kant and Justice Dipankar Datta was hearing a writ petition filed by Ashutosh Bansal(social activist, animal activist) under Art. 32 for directing the Union and states to frame the policies for saving the cow from this pandemic situation of outspread of Lumpy Skin Disease.

Lastly, the court expressed confidence on the proactive measures taken so far by the states.

It observed, “We have no reason to doubt that the State Governments will take prompt action and give serious consideration to the issues that may be raised by the petitioner(s) in the future.”

Case title: Ashutosh Bansal v. Union of India

Citation: Writ Petition(C) No. 872 of 2022, Writ Petition(C) No. 865/2022

Click Here To Read/Download Order