Plea Against Artificial Insemination Of Indigenous Cows Using Exotic Breeds : Supreme Court Allows Petitioners To Make Representation To Centre

In a PIL seeking directions to Centre and States to take steps for the artificial insemination of non-descript indigenous Cows using the semen from pure/descript Indigenous Breeds as opposed to 'Exotic' Foreign Breeds, the Supreme Court remarked that an appropriate remedy may be approaching the competent government departments. Accordingly, a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala directed the petitioner to make a representation to the Department of Animal Husbandry in the Ministry of Fisheries, Animal Husbandry and Dairying. 

CJI DY Chandrachud orally remarked–

"We are not saying that you complaint lacks merit. We are just saying that Article 32 may not be the remedy."

The court accordingly held–

"The issues raised have to be looked into by competent government departments namely the Department of Husbandry in the Ministry of Fisheries, Animal Husbandry and Dairying. Accordingly, we direct the petitioners to make a representation to the Ministry and the same may be looked at for policy directions."

The petition was filed by an Indigenous Cattle conservationist and the Founder of a Gaushala seeking a declaration that the the action of promoting and encouraging artificial insemination of non-descript Cows using semen from 'Exotic' Foreign Breeds such as Holstein Friesian and Jersey was arbitrary and not in consonance with Article 48 of the Constitution of India. The petition had sought directions to make available and adequately distribute semen of Indigenous Breeds for the purpose of artificially inseminating Non-Descript Cattle. Further directions were sought to Centre and States to take appropriate steps for educating the farmers and livestock owners of the benefits of Indigenous Cattle and the long-term harmful effects and unsustainability of rearing Exotic/ Crossbred Cattle.

The writ petition argued that over the past few decades, India's single-minded pursuit of increasing milk production has resulted in a steady decline in the population of its Indigenous Breeds with a manifold increase in the number of Exotic/Cross Breeds. While comparing the Livestock Census – 2019, to the one conducted in 2012, the petition has pointed out that Foreign Cattle has increased by 29.3% while there has been a decrease of 6% of the Indigenous Cattle.

Case Title: A Divya Reddy vs Union of India & ors

Click Here To Read/Download Order