It Is For Executive To Take Action Towards Enforcement: SC Closes Plea Against Cow Slaughter, Elephant Poaching, Animal Killing For Crop Protection/Religious Sacrifices [Read Order]

Having examined three aspects: (a) Enforcement of the Environment (Protection) Act, 1986, The Forest (Conservation) Act, 1980, The Wild Life Protection Act, 1972, The Indian Forest Act, 1927 and The Prevention of Cruelty to Animals Act, 1960, the bench said "this is an aspect of enforcement and it is for the Executive to take appropriate action to see that the intent of the Legislature is implemented in its true intent and spirits".

"Millions and millions of animals, milking and pregnant cows, calves, buffalos, goats, poultry are slaughtered in the most inhuman ways, in clear violation of the mandate of Articles 48, 48A and 51A (g) of the Constitution of India, as also the various Acts, Regulations and Rules enacted/framed by the Parliament, various State Assemblies, Centre and State Governments, banning the slaughter of milking cows and calves, as also regulating the slaughter of animals", it was urged by advocate-petitioner Mathews J. Nedumpara.

"There are laws which are intended to protect wildlife and the forest dwellers; however, the said laws are not effectively implemented because there is no machinery to ensure the enforcement of the laws. It is said a right recognized by law without a means to enforce it is no right at all, for there can be no right without a remedy. Therefore, it is imperative to bring in a machinery, a tribunal which would act both as an "actor", a supervising machinery to enforce laws and is simultaneously empowered to adjudicate the claims of compensation from farmers who are subjected to loss of their crops, homes and even their very lives", it was argued.

"The Governments have failed to address these issues effectively. There has been a manifest failure to enforce the law as it exists today, for the enforcement of which a writ in the nature of mandamus will certainly lie. There is a great imperative to bring in further legal and administrative measures to alleviate the cruelty as above. Therefore, a writ will certainly lie, seeking a mandamus directing the Government to seriously examine the room for strengthening and improving the existing administrative mechanism", it was pressed.