Prohibition Of Cow Slaughter To Be Decided By Legislature, Court Can't Compel Law Making : Supreme Court

Prohibition of Cow Slaughter to be decided by Legislature: Supreme Court declines to issue specific directions in an appeal against NGT

The Supreme Court held that the decision regarding the prohibition of cow slaughter is for the legislature to take. The court cannot force the legislature to come out with a specific law even in its writ jurisdiction. The court also took note of the steps taken by the state governments for the protection of cows.

The Supreme Court bench headed by Justices Abhay S. Oka and Sanjay Karol was hearing an appeal against NGT’s decision which declined a plea seeking a specific direction for the prohibition of cow slaughter. Agreeing with the NGT's view, the Court observed, “We may observe that this is something which is for the competent legislature to decide. Even in writ jurisdiction, this Court cannot compel the legislature to come out with particular legislation. Ultimately, it is for the appellant to persuade the legislature. “

The appellant referred to the decision of the Constitution bench in Mirzapur Moti Qureshi, Moti Kasab Jamat seeking the court’s direction to prohibit the slaughter of cow progeny.

He submitted that it will benefit the larger population of India.

BACKGROUND OF THE CASE

A petition was filed before NGT for the protection of cows seeking specific directions to be passed against the Union of India and all state governments-

• To take steps to save and conserve critically endangered indigenous species of livestock
• to contain the decline of indigenous breeds/species of cattle in India and effectively implement Rashtriya Gokul Mission
• promotion of cross-breeding and breeding with exotic breeds of cattle in India is regulated disease exposure risk to the indigenous species of cattle
• to ensure that milch cattle of indigenous breeds are not slaughtered
• to carry out research in improving the milk yield of indigenous cattle

The NGT had noted that there’s a unanimous consensus among states to protect cows. It recorded that some states already had anti-slaughtering laws. It also took into account the National Livestock Policy, 2013, and a meeting of all stakeholders to protect indigenous species of cows.

It referred to reports that there was an increase in population of cows. On this basis, NGT held that there’s no need for specific directions to be issued to the Union of India and all the state governments.

Aggrieved by the said order denying specific directions, the appellant approached the Supreme Court.

Case title: Mathala Chandrapati Rao v Union of India

Citation:2023 LiveLaw (SC) 535

Petitioner: In person: Mathala Chandrapati Rao

Respondent: Mr. KM Natraj ASG, Solicitor General Mr. Tushar Mehta

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